| People v Padilla |
| 2021 NY Slip Op 00733 [191 AD3d 1349] |
| February 5, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Emilio Padilla, Appellant. (Appeal No. 2.) |
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler of counsel), for respondent.
Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered March 15, 2018. The judgment convicted defendant upon a jury verdict of attempted robbery in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted on the indictment as amended.
Same memorandum as in People v Padilla ([appeal No. 1] 191 AD3d 1347 [4th Dept 2021]). Present—Carni, J.P., Lindley, Winslow, Bannister and DeJoseph, JJ.