SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
May 18, 2010
THE PEOPLE, ETC., RESPONDENT,
ESUA KEARNEY, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heffernan, J.), rendered August 7, 2007, as amended August 10, 2007, convicting him of criminal possession of a weapon in the third degree, criminal mischief in the fourth degree, and possession of burglar's tools, upon a jury verdict, and imposing sentence. Motion by the defendant for summary reversal of the judgment.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, THOMAS A. DICKERSON & RANDALL T. ENG, JJ.
(Ind. No. 2995/05)
DECISION & ORDER
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the judgment is reversed, and a new trial is ordered (see People v Cassell, 62 AD3d 1021).
DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.
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