| People v Collins |
| 2004 NYSlipOp 07612 |
| Decided on October 21, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 21, 2004
Buckley, P.J., Mazzarelli, Saxe, Ellerin, Marlow, JJ.
3006
[*1]The People of the State of New York, Respondent,
v
Alvin Collins, Defendant-Appellant.
Ind. 5174/01Andrew C. Fine, The Legal Aid Society, Brooklyn
(William B. Carney of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Beth
Beller of counsel), for respondent.
Judgment, Supreme Court, New York County (Brenda Soloff,
J. on CPL 190.50 motion and John Cataldo, J. at jury trial and
sentence), rendered August 7, 2002, reversed, as a matter of
discretion in the interest of justice, the judgment vacated and the
matter remanded for a new trial.
Opinion by Ellerin, J. All concur.
Order filed.