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People v. McKenzie-Smith

Court of Appeals of New York
May 19, 2022
2022 N.Y. Slip Op. 3308 (N.Y. 2022)

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.


Summaries of

People v. McKenzie-Smith

Court of Appeals of New York
May 19, 2022
2022 N.Y. Slip Op. 3308 (N.Y. 2022)
Case details for

People v. McKenzie-Smith

Case Details

Full title:The People & c., Appellant, v. Kesean R. McKenzie-Smith, Respondent.

Court:Court of Appeals of New York

Date published: May 19, 2022

Citations

2022 N.Y. Slip Op. 3308 (N.Y. 2022)