People v. Thomas

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 7, 2013, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

Viewing the evidence in the light most favorable to the prosecution, we find that the defendant’s conviction was supported by legally sufficient evidence (see People v Contes, 60 NY2d 620, 621 [1983]). Moreover, in fulfilling our responsibility to conduct an independent…