January 21, 2010. Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered December 12, 2007, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 20 years to life, unanimously reversed, on the law and as a matter of discretion in the interest of justice, and the matter remanded for a new trial. Before: Gonzalez, P.J., Tom, Sweeny, Catterson and Abdus-Salaam, JJ. On cross-examination of
Argued October 20, 1978 Decided November 28, 1978 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MAX BLOOM, J. Steven G. Eckhaus, Milton M. Rosenberg and Arthur M. Unterman for appellant. Mario Merola, District Attorney (Edward G. Spell and Steven R. Kartagener of counsel), for respondent. Order affirmed on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 58 A.D.2d 147), except to note that the averments in the attorney's affidavit
Upon reversing or modifying a judgment, sentence or order of a criminal court, an intermediate appellate court must take or direct such corrective action as is necessary and appropriate both to rectify any injustice to the appellant resulting from the error or defect which is the subject of the reversal or modification and to protect the rights of the respondent. The particular corrective action to be taken or directed is governed in part by the following rules: 1. Upon a reversal of a judgment after
1. Upon reversing or modifying an order of an intermediate appellate court affirming a criminal court judgment, sentence or order, the court of appeals must take or direct such corrective action as the intermediate appellate court would, pursuant to section 470.20, have been required or authorized to take or direct had it reversed or modified the criminal court judgment, sentence or order upon the same ground or grounds. 2. Upon reversing an order of an intermediate appellate court reversing or modifying