People v Mack

People v Mack 2010 NY Slip Op 01534 [70 AD3d 555] February 23, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

The People of the State of New York, Respondent,
v
Allen Mack, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), for respondent.

Judgment, Criminal Division of the Supreme Court, Bronx County (Peter J. Benitez, J.), rendered August 16, 2006, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to an aggregate term of 90 days, unanimously reversed, on the law, and the misdemeanor information dismissed.

For the reasons stated in People v Correa (70 AD3d 532 [2010] [decided simultaneously herewith]), the judgment should be reversed and the misdemeanor information dismissed. Concur—Andrias, J.P., Sweeny, McGuire and DeGrasse, JJ.