Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.
The defendant and the codefendants, Emanuel Gurgov, Marik Kravchenko, and David Davydov, were charged with assaulting Sergey Yusupov with baseball bats outside of a pizzeria in Queens on October 27, 2011. After a joint jury trial, the defendant was convicted of assault in the second degree.
Contrary to the defendant's contention...
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