Summary
The Appellate Division, Second Department reversed the defendant's murder and weapons possession convictions and remanded the case for a new trial. The court determined that the defendant's appellate claims were identical to those successfully raised by his jointly tried codefendant in People v. Deverow. Accordingly, the judgment was reversed on the law without addressing the defendant's remaining contentions.
Topics
Practice areas
Questions Presented
- Whether the appellate court should reverse the conviction on the same legal grounds that warranted reversal of the codefendant’s conviction.
Holdings
- The judgment of conviction is reversed and the matter is remitted to the Supreme Court, Queens County, for a new trial.
Key quotations
“ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.” (at end of opinion)
Factual background
Jamane Yarbrough was convicted of second‑degree murder and second‑degree criminal possession of a weapon after a jury trial. A codefendant was also convicted, and the People conceded that the codefendant’s conviction was reversed on legal grounds that apply to Yarbrough’s case.
Procedural history
The defendant was convicted by a jury in the Supreme Court, Queens County. The People conceded that the judgment must be reversed based on precedent that reversed the codefendant's conviction. The defendant raised identical claims to those raised on the codefendant's appeal.
Remand instructions
Remitted to the Supreme Court, Queens County, for a new trial.