PEOPLE v. GARCIA

Ind. No. 3507/15. Appeal No. 184. Case No. 2018-04078.

216 A.D.3d 438 (2023)

187 N.Y.S.3d 638

2023 NY Slip Op 02392

The People of the State of New York, Respondent, v. Junior Garcia, Appellant.

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

Decided May 4, 2023.


Attorney(s) appearing for the Case

Mark W. Zeno , Center for Appellate Litigation, New York ( Elizabeth G. Caldwell of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Brent E. Yarnell of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Moulton, Rodriguez, Pitt-Burke, JJ.


Judgment, Supreme Court, New York County (Daniel Conviser, J.), rendered December 12, 2017, convicting defendant, after a jury trial, of conspiracy in the second degree, and sentencing him to a term of three to nine years, unanimously reversed, on the law, and the matter remanded for a new trial.

The court should have granted defendant's request for a circumstantial evidence charge. There was no direct evidence establishing defendant's participation in the conspiracy...

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