Almost a year to the date after the Court of Appeals reinstated a guilty verdict in a high-profile spousal assault case, the Appellate Division, Second Department, has again reversed Alaa Agina’s convictionbut this time in a way that may keep the case out of the hands of the higher court.
The Second Department, using its typically non-reviewable interest of justice power, has for the second time granted Agina a new trial on charges that he tortured his wife in a fit of jealous rage.
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