People v. Samuels
| Decision Date | 08 July 2015 |
| Docket Number | 2013-01739 |
| Citation | 2015 N.Y. Slip Op. 05968,13 N.Y.S.3d 229,130 A.D.3d 757 |
| Parties | The PEOPLE, etc., respondent, v. Taron SAMUELS, appellant. |
| Court | New York Supreme Court — Appellate Division |
130 A.D.3d 757
13 N.Y.S.3d 229
2015 N.Y. Slip Op. 05968
The PEOPLE, etc., respondent
v.
Taron SAMUELS, appellant.
2013-01739
Supreme Court, Appellate Division, Second Department, New York.
July 8, 2015.
Lynn W.L. Fahey, New York, N.Y. (Ronald Zapata of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, and SANDRA L. SGROI, JJ.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 25, 2013, convicting him of assault in the first degree (two counts), gang assault in the first degree, and burglary in the first degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent with CPL 160.50.
The defendant was charged with, inter alia, two counts of assault in the first degree, gang assault in the first degree, two counts of burglary in the first degree, and criminal possession of a weapon in the
fourth degree. The charges stemmed from an incident inside the apartment of the victim, the defendant's brother-in-law. During the incident, the victim was beaten, and his face was slashed, while the defendant, the defendant's brother, and the defendant's sister's boyfriend were present. After trial, the jury convicted the defendant of two counts of assault in the first degree, gang assault in the first degree, and two counts of burglary in the first degree.
The defendant failed to preserve for appellate review his challenges to the legal sufficiency of the evidence supporting his convictions of assault in the first degree, gang assault in the first degree, and burglary in the first degree (see CPL 470.05 ), and we decline to review them in the exercise of our interest of justice jurisdiction (see e.g. People v. Henderson, 120 A.D.3d 1258, 992 N.Y.S.2d 140, lv. granted 25 N.Y.3d 951, 7 N.Y.S.3d 280, 30 N.E.3d 171 ; People v. Bridges, 63 A.D.3d 752, 753, 880 N.Y.S.2d 341 ). However, in fulfilling...
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