People v McKenzie-Smith, 38 NY3d at 1048 (2022)

2022 NY Slip Op 03308 [38 NY3d 1048]
May 19, 2022
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Appellant,
v
Kesean R. McKenzie-Smith, Respondent.

Decided May 19, 2022

People v McKenzie-Smith, 187 AD3d 1668, reversed.

{**38 NY3d at 1048} 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{*38 NY3d at 1049} Department, for consideration of the facts and issues raised but not determined on appeal to that Court. The Appellate Division erred in holding that defendant’s Antommarchi claim (People v Antommarchi, 80 NY2d 247 [1992]) entitled him to a new trial (see People v Wilkins, 37 NY3d 371, 380 [2021]).

Concur: Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Singas and Cannataro. Judge Troutman took no part.