People v. Memon

Appeal from a judgment of the Supreme Court, Erie County (John F. O’Donnell, J.), rendered June 25, 2015. The judgment convicted defendant, upon a nonjury verdict, of criminal obstruction of breathing or blood circulation and unlawful imprisonment in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him, after a bench trial, of criminal obstruction of breathing or blood circulation (Penal Law § 121.11 [a]), and unlawful imprisonment in the second…