People v Mack

2010 NY Slip Op 01534 [70 AD3d 555]

February 23, 2010

Appellate Division, First Department

As corrected through Wednesday, March 31, 2010

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

—[*1]Steven Banks, The Legal Aid Society, New York (Elizabeth B. Emmons of counsel),for appellant.

Robert T. Johnson, District Attorney, Bronx (Kayonia L. Whetstone of counsel), forrespondent.

Judgment, Criminal Division of the Supreme Court, Bronx County (Peter J. Benitez, J.),rendered August 16, 2006, convicting defendant, after a nonjury trial, of attempted assault in thethird degree and harassment in the second degree, and sentencing him to an aggregate term of 90days, unanimously reversed, on the law, and the misdemeanor information dismissed.

For the reasons stated in People v Correa (70 AD3d 532 [2010] [decidedsimultaneously herewith]), the judgment should be reversed and the misdemeanor informationdismissed. Concur—Andrias, J.P., Sweeny, McGuire and DeGrasse, JJ.