Opinion
324 KA 14–02070
04-27-2018
The PEOPLE of the State of New York, Respondent, v. Shawn T. GRANT, Defendant–Appellant. (Appeal No. 3.)
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (KIMBERLY F. DUGUAY OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (KIMBERLY F. DUGUAY OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., CARNI, NEMOYER, CURRAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law, that part of the order denying the posttrial motion with respect to the conviction of arson in the second degree is vacated and the matter is remitted to Supreme Court, Monroe County, for a hearing pursuant to CPL 440.30(5) on that part of the motion.
Same memorandum as in People v. Grant ( [appeal No. 1] 160 A.D.3d 1406, –––N.Y.S.3d ––––, 2018 WL 1994772 [Apr. 27, 2018] [4th Dept 2018] ).