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PEOPLE v. WHEELER

No. 54 SSM 4.

40 N.Y.3d 925 (2023)

213 N.E.3d 102

192 N.Y.S.3d 42

2023 NY Slip Op 02736

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ELSUN WHEELER, Respondent.

Court of Appeals of New York.

Decided May 18, 2023.

Attorney(s) appearing for the Case

Eric Gonzalez , District Attorney, Brooklyn ( Keith Dolan of counsel), for appellant.

Twyla Carter , The Legal Aid Society, New York City ( Tomoeh Murakami Tse of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

APPEAL, by permission of Justice of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered January 26, 2022. The Appellate Division (1) reversed, on the law and as a matter of discretion in the interest of justice, a judgment of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), which had convicted defendant, upon a jury verdict, of burglary in the second...

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