Opinion
No. 61 SSM 9
05-19-2022
The People & c., Appellant, v. Kesean R. McKenzie-Smith, Respondent.
Submitted by Scott Myles, for appellant. Submitted by David M. Abbatoy, Jr., for respondent.
Submitted by Scott Myles, for appellant.
Submitted by David M. Abbatoy, Jr., for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not determined on appeal to that Court. The Appellate Division erred in holding that defendant's Antommarchi claim (People v Antommarchi, 80 N.Y.2d 247 [1992]) entitled him to a new trial (see People v Wilkins, 37 N.Y.3d 371, 380 [2021]).
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur.
Judge Troutman took no part.