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PEOPLE, ETC., res, v. ALAA AGINA, ap

PEOPLE, ETC., res, v. ALAA AGINA, ap — (IND. NO. 1733/04)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered November 21, 2005, convicting him of attempted assault in the first degree, assault in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence. By decision and order dated June 1, 2010, this Court reversed the judgment and ordered a new trial (see People v. Agina, 74 AD3d 831). On February 16, 2012, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on the appeal to this Court (see People v. Agina, 18 NY3d 600). Justice Miller has been substituted for the late Justice Fisher (see 22 NYCRR 670.1[c]).

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PEOPLE, ETC., res, v. ALAA AGINA, ap — (IND. NO. 1733/04)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered November 21, 2005, convicting him of attempted assault in the first degree, assault in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence. By decision and order dated June 1, 2010, this Court reversed the judgment and ordered a new trial (see People v. Agina, 74 AD3d 831). On February 16, 2012, the Court of Appeals reversed the decision and order of this Court and remitted the matter to this Court for consideration of the facts and issues raised but not determined on the appeal to this Court (see People v. Agina, 18 NY3d 600). Justice Miller has been substituted for the late Justice Fisher (see 22 NYCRR 670.1[c]).

ORDERED that, upon remittitur from the Court of Appeals, the judgment is reversed, on the facts and as a matter of discretion in the interest of justice, and a new trial is ordered.

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