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PEOPLE, res, v. ALLEN BELL, def-ap

3807. PEOPLE, res, v. ALLEN BELL, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Claudia Trupp of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (T. Charles Won of counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered July 2, 2013, as amended July 19, 2013, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 25 years, unanimously reversed, on the law, and the matter remitted for a new trial.

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3807. PEOPLE, res, v. ALLEN BELL, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Claudia Trupp of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (T. Charles Won of counsel), for res — Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered July 2, 2013, as amended July 19, 2013, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 25 years, unanimously reversed, on the law, and the matter remitted for a new trial.

Defendant Allen Bell was convicted of the attempted second-degree murder of Kevin Russo. Russo was shot once in the head, but survived his injuries with physical and psychological limitations. A disputed issue at trial was the extent he may have also suffered cognitive impairments, affecting the credibility of his testimony. Bell appeals from his conviction on the basis that the jury’s verdict was against the weight of the evidence, and alternatively, that it was reversible error for the court to have admitted certain hearsay records in evidence without a proper foundation or limiting instruction. While we find that the verdict was not against the weight of the evidence, we reverse the conviction and remit for a new trial based upon the improper admission of hearsay evidence.

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