People v Perry

People v Perry 2012 NY Slip Op 08341 Decided on December 5, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 5, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
MARK C. DILLON
SANDRA L. SGROI, JJ.
2008-01913
(Ind. No. 3893/06)

[*1]The People of the State of New York, respondent,

v

James Perry, appellant.




Lynn W. L. Fahey, New York, N.Y. (Chadbourne & Parke, LLP
[Thomas E. Butler and Francesca J. Perkins], of counsel), for
appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Thomas M. Ross, and
Goodwin Procter, LLP [Maryana Zubok], of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered February 19, 2008, convicting him of criminally negligent homicide and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. By decision and order dated February 1, 2011, this Court modified the judgment, on the law, by vacating the conviction of criminal possession of a weapon in the second degree, vacating the sentence imposed thereon, and remitting the matter to the Supreme Court for a new trial on that count of the indictment (see People v Perry, 81 AD3d 665). On April 3, 2012, the Court of Appeals reversed the decision and order of this Court and remitted the matter for consideration of the facts pursuant to CPL 470.25(2)(d) and 470.40(2)(b) (see People v Perry, 19 NY3d 70).

ORDERED that the judgment is affirmed.

The matter having been remitted to us for further proceedings in accordance with CPL 470.25(2)(d) and 470.40(2)(b), the facts have been considered and are determined to have been established.
ENG, P.J., MASTRO, DILLON and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court