People v. Okoro

OPINION OF THE COURT

Judgment of conviction rendered July 31, 2002 reversed, on the facts, and as a matter of discretion in the interest of justice, and the accusatory instrument is dismissed.

Defendant and codefendant Anorue were jointly tried upon multiple counts of misdemeanor assault, menacing, and weapon possession as the result of a January 30, 2001 incident where, acting in concert, they (and an unapprehended, unidentified third person) allegedly attacked complainants Okoro and Stubbs in the hallway of the Bronx apartment building in which codefendants and Okoro lived. Inasmuch as…