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PEOPLE v. ALCARAZ-UBILES

998 KA 16-02353.

214 A.D.3d 1470 (2023)

185 N.Y.S.3d 877

2023 NY Slip Op 01637

The People of the State of New York, Respondent, v. David S. Alcaraz-Ubiles, Appellant.

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

Decided March 24, 2023.

Attorney(s) appearing for the Case

THE ABBATOY LAW FIRM, PLLC, ROCHESTER ( DAVID M. ABBATOY, JR. , OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Present—Whalen, P.J., Smith, Lindley, Bannister and Montour, JJ.

Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered August 3, 2016. The judgment convicted defendant upon a jury verdict of assault in the first degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him following a jury trial of assault...

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