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PEOPLE v. SPARKS

No. 32.

29 N.Y.3d 932 (2017)

73 N.E.3d 354

51 N.Y.S.3d 14

2017 NY Slip Op 02469

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YUSUF SPARKS, Appellant.

Court of Appeals of New York.

Decided March 30, 2017.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Andrew J. Dalack of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Gliner and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was charged with one count of assault in the first degree (Penal Law § 120.10 [1]) following a dispute at a Manhattan bodega. Defendant, then age 19, and the victim, a 50-year-old man with a long history of substance abuse and criminal activity, had a verbal exchange inside the bodega after the victim provoked defendant. Based on that affront,...

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