People v Holmes
2011 NY Slip Op 06407 [17 NY3d 824]
September 8, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 5, 2011


[*1]
The People of the State of New York, Respondent,
v
Willie Holmes, Jr., Appellant.

Decided September 8, 2011

People v Holmes, 79 AD3d 1681, reversed.

APPEARANCES OF COUNSEL

Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Geoffrey Kaeuper of counsel), for respondent.

{**17 NY3d at 825} 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 issues raised but not determined on the appeal to that court (see People v Hunter, 17 NY3d 725 [2011]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.