Opinion
12-15-2016
The PEOPLE of the State of New York, Respondent, v. Lawrence PEREZ, Defendant–Appellant.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 8, 2011, convicting defendant, after a jury trial, of murder in the second degree (two counts) and kidnapping in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously reversed, on the law, and the matter remanded for a new trial.
As this Court determined on a jointly tried codefendant's appeal (People v. Franqui, 123 A.D.3d 512, 999 N.Y.S.2d 40 [1st Dept.2014], lv. denied 25 N.Y.3d 1163, 15 N.Y.S.3d 295, 36 N.E.3d 98 [2015] ), and as the People concede, reversal is required because of the absence of an inquiry into whether, and to what extent, a juror slept during the trial.
We decline to revisit this Court's prior order, which granted the People's motion for a protective order sealing, and prohibiting the dissemination of, certain materials.
SWEENY, J.P., RENWICK, RICHTER, MANZANET–DANIELS, KAPNICK, JJ., concur.