People v. Lewis

Judgment unanimously reversed on the law, count two of the indictment dismissed and new trial granted on count one of the indictment. Memorandum: Defendant and codefendants Willie McKee and Gregory Brown were charged with murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) in connection with the beating death of Cheryl Coleman. Prior to trial, defendant moved to sever the charges against him from those against McKee and Brown. That motion was denied. Thereafter, McKee entered a plea of guilty to manslaughter in…