People v. Bailey

13 N.Y.3d 67 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

ERIC BAILEY, Appellant.

Court of Appeals of New York.

Argued May 6, 2009.

Decided June 11, 2009.

Bryan Cave LLP, New York City (John D. Kircher of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Eunice C. Lee of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Olivia Sohmer and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge PIGOTT dissents in part and votes to affirm in a separate opinion in…