People v. McKenna

Appeal by defendant from (1) a judgment of the Supreme Court, Queens County, rendered June 19, 1979, convicting him of attempted assault in the first degree, upon a jury -verdict, and imposing sentence and (2) (by permission) an order of the same court, dated December 7, 1979, which denied his motion to vacate the judgment on the ground of newly discovered evidence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Appeal from the order dismissed as academic in light of the determination on the appeal *927from the judgment. Defendant,…