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  5. 79 N.Y.2d 787 (1991)
 

PEOPLE v. BIN WAHAD

79 N.Y.2d 787 (1991)

The People of the State of New York, Appellant, v. Dhoruba Bin Wahad, Formerly Known as Richard Moore, Respondent.

Court of Appeals of the State of New York.

Decided December 19, 1991.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Patrick J. Hynes, James M. Kindler, Mark Dwyer and Eleanor J. Ostrow of counsel), for appellant.

Robert Bloom, Robert J. Boyle and Elizabeth M. Fink for respondent.

Ira Mickenberg for Office of the Appellate Defender, amicus curiae.

Joan P. Gibbs for Center for Constitutional Rights and others, amici curiae.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court, New York County, for further proceedings in accordance with this memorandum.

Almost 19 years ago, the defendant Dhoruba Bin Wahad was convicted of two counts of attempted murder (Penal Law § 110.00, former § 125.25) and one count of felonious possession of a weapon (Penal Law former § 265.05) in...

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