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PEOPLE v. CLARKE

2005-02227, 2008-00608.

66 A.D.3d 694 (2009)

886 N.Y.S.2d 753

2009 NY Slip Op 7271

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAPHETH CLARKE, Appellant.

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

Decided October 6, 2009.

Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial; and it is further,

Ordered that the appeal from the order is dismissed as academic in light of our determination on the appeal from the judgment.

In 2005 the defendant was convicted, after a jury trial, of attempted murder in the second degree, assault in the second degree, and criminal...

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