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PEOPLE v. BURLEY

722, 4238/10.

138 A.D.3d 420 (2016)

27 N.Y.S.3d 858

2016 NY Slip Op 02576

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVIN T. BURLEY, Appellant.

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

Decided April 5, 2016.

Judgment, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), rendered February 11, 2014, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of five years' probation, unanimously reversed, on the law, and the matter remanded for a new trial.

Reversal is unavoidable, because the file contains a jury note, making a substantive...

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