PEOPLE v. DAVIS

118 KA 19-00251.

214 A.D.3d 1334 (2023)

185 N.Y.S.3d 436

2023 NY Slip Op 01393

The People of the State of New York, Respondent, v. Thomas L. Davis, Jr., Appellant.

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

Decided March 17, 2023.


Attorney(s) appearing for the Case

ERIK TEIFKE , ACTING PUBLIC DEFENDER, ROCHESTER, EASTON THOMPSON KASPEREK SHIFFRIN LLP ( BRIAN SHIFFRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY , DISTRICT ATTORNEY, ROCHESTER ( MARTIN P. McCARTHY , II, OF COUNSEL), FOR RESPONDENT.

Present— Smith, J.P., Peradotto, Curran, Montour and Ogden, JJ.


Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered February 4, 2019. The judgment convicted defendant upon a jury verdict of burglary in the second degree, assault in the third degree (two counts) and criminal obstruction of breathing or blood circulation.

It is hereby ordered that the judgment so appealed from is unanimously modified on the facts by reversing that part convicting defendant of assault in the third degree under...

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