PEOPLE v. HERNANDEZ

71 KA 17-01068.

174 A.D.3d 1352 (2019)

105 N.Y.S.3d 763

2019 NY Slip Op 05844

The People of the State of New York, Respondent, v. Jose L. Hernandez, Appellant.

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

Decided July 31, 2019.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on counts one, two, five, seven and eight of the indictment.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, two counts of assault in the second degree (Penal Law § 120.05[1], [2]). Defendant contends that the evidence is legally insufficient to support the conviction because the People purportedly...

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