10-23-2014 The PEOPLE of the State of New York, Appellant–Respondent, v. Stanley R. KIMS, II, Respondent–Appellant. Cindy F. Intschert, District Attorney, Watertown (Harmony A. Healy of counsel), and Karen F. McGee and Hannah E.C. Moore, New York Prosecutors Training Institute, Albany, for appellant-respondent. Davison Law Office, PLLC, Canandaigua (Mark C. Davison of counsel), for respondent-appellant. RIVERA, J. Cindy F. Intschert, District Attorney, Watertown (Harmony A. Healy of counsel), and
Argued June 5, 2008. decided July 1, 2008. APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 12, 2007. The Appellate Division affirmed a judgment of the Supreme Court, New York County (Carol Berkman, J., at dismissal motion; Maxwell Wiley, J., at jury trial and sentence), which had convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third and fifth
Argued May 1, 1997 Decided June 5, 1997 Appeal from the Supreme Court (Pearl C. Corrado, J.). Richard A. Brown, District Attorney of Queens County, Kew Gardens ( Sharon Y. Brodt and John M. Castellano of counsel), for appellant. Russell C. Morea, Kew Gardens, for respondent. MEMORANDUM. The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts ( see, CPL 470.25 [d]; 470.40 [2] [b]). At the end of the second round of jury selection, the