People v. Steward

17 N.Y.3d 104 (2011)

2011 NY Slip Op 4716

950 N.E.2d 480

926 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

OWEN STEWARD, Appellant.

No. 108

Court of Appeals of New York.

Argued May 2, 2011.

Decided June 7, 2011.

Office of the Appellate Defender, New York City (Jalina J. Hudson, Richard M. Greenberg and Eunice C. Lee of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Timothy C. Stone and Dana Poole of counsel), for respondent.

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