People v. Shute

Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered July 27, 2005, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously reversed, as a matter of discretion in the interest of justice, and the matter remanded for a new trial. Appeal from order, same court and Justice, entered October 4, 2007, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously dismissed as academic.

We need not determine whether the court’s jury instruction was…