Opinion
No. 61 SSM 9
05-19-2022
The PEOPLE of the State of New York, Appellant, v. Kesean R. MCKENZIE–SMITH, Respondent.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for appellant. The Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr. of counsel), for respondent.
Sandra Doorley, District Attorney, Rochester (Scott Myles of counsel), for appellant.
The Abbatoy Law Firm, PLLC, Rochester (David M. Abbatoy, Jr. of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not determined on appeal to that Court. The Appellate Division erred in holding that defendant's Antommarchi claim ( People v. Antommarchi, 80 N.Y.2d 247, 590 N.Y.S.2d 33, 604 N.E.2d 95 [1992] ) entitled him to a new trial (see People v. Wilkins, 37 N.Y.3d 371, 380, 157 N.Y.S.3d 833, 179 N.E.3d 646 [2021] ).
Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro concur. Judge Troutman took no part.