People v Mohamed
2015 NY Slip Op 00083 [124 AD3d 1334]
January 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 The People of the State of New York, Respondent, v Muridi Mohamed, Appellant. (Appeal No. 2.)

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Lowry of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered October 4, 2012. The judgment convicted defendant, upon a nonjury verdict, of manslaughter in the first degree.

It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Erie County Court for further proceedings in accordance with the same memorandum as in People v Mohamed ([appeal No. 1] 124 AD3d 1332 [2015]). Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.