People v Jennings, 37 NY3d 1078 (2021)

2021 NY Slip Op 06428 [37 NY3d 1078]
November 18, 2021
Court of Appeals

[*1]

The People of the State of New York, Appellant,
v
Jermaine Jennings, Respondent.

Decided November 18, 2021

People v Jennings, 191 AD3d 1429, reversed.

{**37 NY3d at 1078} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, and case remitted to the Appellate Division, Fourth Department, for consideration of the facts and issues raised but not determined on the appeal to that Court. Counsel’s failure to challenge the verdict as repugnant did not render the representation ineffective because the issue was not clear-cut and dispositive given the jury charge (see People v Rodriguez, 31 NY3d 1067 [2018]).

Concur: Chief Judge DiFiore and Judges Rivera, Fahey, Garcia, Wilson, Singas and Cannataro.