The People, etc., respondent, v. Esua Kearney, appellant. (2010)

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

The People, etc., respondent, v. Esua Kearney, appellant.

2007-07901 (Ind.No. 2995 /05)

Decided: May 18, 2010

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON RANDALL T. ENG, JJ.

Joyce B. David, Brooklyn, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Victor Barall of counsel), for respondent.

DECISION & ORDER

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.

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.

ENTER:

James Edward Pelzer

Clerk of the Court

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