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PEOPLE v. BROOKS

570382/18.

62 Misc.3d 69 (2019)

93 N.Y.S.3d 791

2019 NY Slip Op 29027

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT BROOKS, Respondent.

Supreme Court, Appellate Term, First Department.

Decided January 30, 2019.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr., District Attorney, New York City (Alan Gadlin of counsel), for appellant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City (Richard C. Tarlowe, Anand Sithian and Michael A. Brodlieb of counsel), and Justine M. Luongo, The Legal Aid Society, Criminal Appeals Bureau, New York City (David Crow of counsel), for respondent.

OPINION OF THE COURT

Order, dated August 4, 2017, reversed, on the law, the accusatory instrument reinstated, and the matter remanded to Criminal Court for further proceedings.

On July 5, 2017, defendant sent a text message to his ex-girlfriend that read "I am going to hurt you, I want you to die, I have a mixture of bleach...

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