People v Hurst

Holding The court reversed the assault conviction and granted a new trial because the failure to preclude identification testimony was not harmless error for that specific count. Additionally, the burglary sentences were reduced to 15 years as unduly harsh and severe in the interest of justice.

The court’s words

the evidence as it relates to the intent element of assault in the second degree does not satisfy that burden

2026 NY Slip Op 04717, at the official text

defendant was sentenced as a second felony offender to concurrent determinate terms of 20 years of imprisonment

2026 NY Slip Op 04717, at the official text

the People failed to provide CPL 710.30 notice to defendant that the victim identified him to the police

2026 NY Slip Op 04717, at the official text

the court erred in refusing to preclude the victim from offering identification testimony at trial

2026 NY Slip Op 04717, at the official text

the sentence on the two burglary counts is unduly harsh and severe

2026 NY Slip Op 04717, at the official text