Opinion
2013-06-11
The PEOPLE, etc., Respondent, v. Curtis L. MASON, Appellant.
Mary J. Fahey, Syracuse, for appellant. Barry L. Porsch, District Attorney, Waterloo, for respondent.
Mary J. Fahey, Syracuse, for appellant. Barry L. Porsch, District Attorney, Waterloo, for respondent.
MEMORANDUM:
The order of the Appellate Division should be reversed and the case remitted to that court for further proceedings in accordance with this memorandum.
On appeal, defendant argued that the jury's verdict was against the weight of the evidence. The order of the Appellate Division, however, “ ‘manifest[s] a lack of application of that review power’ ” ( People v. Romero, 7 N.Y.3d 633, 646, 826 N.Y.S.2d 163, 859 N.E.2d 902 [2006], quoting People v. Bleakley, 69 N.Y.2d 490, 496, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Consequently, we must reverse and remit for a proper consideration of the claim. Defendant's remaining contention lacks merit. Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Fourth Department, for further proceedings in accordance with the memorandum herein.