People v. Davis

14 N.Y.3d 20 (2009)

2009 NY Slip Op 8676

896 N.Y.S.2d 707

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

GEORGE DAVIS, Appellant.

No. 172

Court of Appeals of New York.

Argued October 22, 2009.

Decided November 24, 2009.

Office of the Appellate Defender, New York City (Sara Gurwitch and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Vincent Rivellese and Patrick J. Hynes of counsel), for respondent.

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