Appellate Division of the Supreme Court of the State of New York November 16, 2012 (People v. Burnett)

Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered October 3, 2008. The judgment convicted defendant, upon a jury verdict, of assault in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.