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  5. 78 N.Y.2d 638 (1991)
 

PEOPLE v. JACKSON

78 N.Y.2d 638 (1991)

The People of the State of New York, Appellant, v. Erick Jackson, Also Known as Eric Knight, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Kings County (Michael Gore and Jay M. Cohen of counsel), for appellant.

Stephen C. Glasser and Robert G. Sullivan for respondent.

Robert M. Morgenthau, District Attorney, New York County (Mark Dwyer and Patrick J. Hynes of counsel), for New York County District Attorney, amicus curiae.

Judges SIMONS, KAYE and BELLACOSA concur with Chief Judge WACHTLER; Judge TITONE dissents and votes to affirm in a separate opinion in which Judges ALEXANDER and HANCOCK, JR., concur.

Chief Judge WACHTLER.

Eleven years ago, the defendant Erick Jackson was convicted of six counts of felony murder and one count of second degree arson in connection with a fire at a Waldbaum's supermarket in Brooklyn that tragically claimed the lives of six New York City firefighters. Three years after his direct appeal was exhausted, defendant brought a motion to vacate his conviction pursuant to CPL 440.10 based...

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