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PEOPLE v. JONES

136 KA 17-01711.

206 A.D.3d 1566 (2022)

168 N.Y.S.3d 637

2022 NY Slip Op 03590

The People of the State of New York, Respondent, v. Ali R. Jones, Appellant.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (WILLIAM CLAUSS, OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (SCOTT MYLES OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Centra, Peradotto, NeMoyer and Winslow, JJ.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the facts, the indictment is dismissed, and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of one count of burglary in the second degree (Penal Law § 140.25 [2]), arising from an incident in which a residence was...

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