People v. Rossey

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to that Court for consideration of the facts and other issues raised but not considered on the appeal to that Court.

Defendant was convicted of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the second and third degrees (Penal Law § 265.02 [4]; § 265.03). The Appellate Division reversed the conviction and dismissed the indictment, concluding that the evidence "when viewed in the light most favorable to the People, fails to establish beyond a…