PEOPLE v. KONNEH (2020)

Judgment of conviction (John Cataldo, J.H.O.), rendered September 5, 2012, reversed, as a matter of discretion in the interests of justice, and matter remanded for a new trial.

The confluence of the trial judge's, sua sponte, raising and considering defendant's recent prior conviction for the same offense, and the extreme number of inaudible gaps in the trial transcript, convinces us that a new trial should be granted.

In light of our disposition, we reach no other issue.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.