PEOPLE v. BROWN (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Joshua BROWN, Defendant–Appellant.

352 Decided: June 01, 2023

Kapnick, J.P., Oing, Gesmer, Singh, Shulman, JJ.

Caprice R. Jenerson, Office of the Appellate Defender, New York (Kameron Johnston of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered April 26, 2018, convicting defendant, after a jury trial, of two counts of robbery in the second degree (two counts) and assault in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 12 years, unanimously reversed, on the law, and the matter remanded for a new trial.

As the People concede, defendant is entitled to a new trial based on the same error that led to the reversal of the convictions of two codefendants with whom he was jointly tried (see People v. Murray, 39 N.Y.3d 10, 177 N.Y.S.3d 191, 198 N.E.3d 466 [2022]; People v. Sanford, 210 A.D.3d 510, 176 N.Y.S.3d 489 [1st Dept. 2022]).

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