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PEOPLE v. GUMBS

461/08, 1677, 1676.

143 A.D.3d 403 (2016)

2016 NY Slip Op 06424

38 N.Y.S.3d 169

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD GUMBS, Also Known as THOMAS WILLIAMS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MARRERO, Appellant.

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

Decided October 4, 2016.

Based on the evidence admitted at trial, we are satisfied that the evidence was legally sufficient to support the conviction and the verdict was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633 [2006]). However, we reverse the judgments and order a new trial because the court erred in admitting, as dying declarations, the victim's statements implicating...

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