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PEOPLE v. TIMMONS

920 KA 01-01201.

165 A.D.3d 1597 (2018)

84 N.Y.S.3d 662

2018 NY Slip Op 06644

The People of the State of New York, Respondent, v. Dennis Timmons, Appellant.

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

Decided October 5, 2018.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Monroe County Court for further proceedings in accordance with the following memorandum: On a prior appeal (People v Timmons, 299 A.D.2d 861 [4th Dept 2002]), we affirmed the judgment convicting defendant upon a jury verdict of murder in the second degree (Penal Law § 125.25 [2]). We subsequently granted defendant's motion for...

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