Opinion
No. 87 SSM 25
11-18-2021
The PEOPLE of the State of New York, Appellant, v. Jermaine JENNINGS, Respondent.
William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr. of counsel), for appellant. John R. Lewis, Sleepy Hollow, for respondent.
William J. Fitzpatrick, District Attorney, Syracuse (Kenneth H. Tyler, Jr. of counsel), for appellant.
John R. Lewis, Sleepy Hollow, for respondent.
OPINION OF THE COURT On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order reversed, and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not
determined on the appeal to that Court. Counsel's failure to challenge the verdict as repugnant did not render the representation ineffective because the issue was not clear-cut and dispositive given the jury charge (see People v. Rodriguez , 31 N.Y.3d 1067, 77 N.Y.S.3d 336, 101 N.E.3d 977 [2018] ).
Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro concur.