A trial court that convicted a defendant of a lesser included charge without first stating before summations that the lesser charge would be considered did not cure the error by allowing defense counsel to reargue his summation several months later, the First Department said.
May 25, 2016 at 04:02 AM
1 minute read
A guilty verdict rendered after a bench trial was reversed Tuesday by the Appellate Division, First Department.
Acting Justice Kirke Bartley Jr. convicted Paul Agola of a lesser included charge without first stating before summations that the lesser charge would be considered, as required by Criminal Procedure Law.
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