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PEOPLE v. OTT

943 KA 06-01424.

165 A.D.3d 1601 (2018)

85 N.Y.S.3d 647

2018 NY Slip Op 06646

The People of the State of New York, Respondent, v. Anthony N. Ott, Appellant.

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

Decided October 5, 2018.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: On a prior appeal, we modified the judgment convicting defendant upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) and assault in the first degree (§ 120.10 [1]) by vacating the sentence in part, and we remitted the matter to County Court for resentencing (People v Ott, 83 A.D...

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