The People v. Diane Wells

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and the order of Criminal Court of the City of New York reinstated.

In October 2006, defendant was convicted of assault in the third degree in Criminal Court of the City of New York but, in March 2010, the Appellate Term reversed the judgment due to an improper jury charge, and remanded the case for a new trial (26 Misc 3d 143[A], 2010 NY Slip Op 50393[U] [App Term, 1st Dept 2010]). The People then sought leave to appeal to this Court.

On May 10, 2010, while the People’s application for leave to appeal was still…