PEOPLE v. YARBROUGH (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gregory Lasak, J.), rendered October 3, 2016, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

The defendant and a codefendant were jointly tried and convicted of various crimes.  As the People correctly concede, the defendant's judgment of conviction must be reversed and a new trial held for the reasons stated by the Court of Appeals in reversing the conviction of the codefendant (see People v. Deverow, 38 N.Y.3d 157, 171 N.Y.S.3d 29, 190 N.E.3d 1161).  The defendant raises claims on this appeal identical to those that warranted reversal on the codefendant's appeal (see People v. Brown, 217 A.D.3d 424, 424, 188 N.Y.S.3d 492;  People v. Lemus, 121 A.D.3d 918, 918, 993 N.Y.S.2d 383).

In light of our determination, we need not reach the defendant's remaining contentions.

BARROS, J.P., DOWLING, VENTURA and MCCORMACK, JJ., concur.