PEOPLE v. BENNETT

Ind. No. 2096/08. Appeal No. 16818. Case No. 2015-126.

211 A.D.3d 488 (2022)

180 N.Y.S.3d 129

2022 NY Slip Op 07007

The People of the State of New York, Respondent, v. Michael Bennett, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 8, 2022.


Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( David Bernstein of counsel), and Weil, Gotshal & Manges LLP, New York ( Jenna R. Harris of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Beth Fisch Cohen of counsel), for respondent.

Concur—Kapnick, J.P., Oing, Singh, Moulton, Pitt-Burke, JJ.


Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at hearing; Jill Konviser, J., at trial), rendered October 26, 2012, as amended December 17, 2012, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 13 years, unanimously reversed, on the law, the conviction vacated, the lineup identification by witness K.G. suppressed, and the matter remanded for a new trial preceded by an independent...

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