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PEOPLE v. EDWARDS

96 N.Y.2d 445 (2001)

754 N.E.2d 169

729 N.Y.S.2d 410

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. DANIEL EDWARDS, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 5, 2001.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Robin A. Forshaw, Preeta D. Bansal, Michael S. Belohlavek and Janet Cohn of counsel), for appellant-respondent.

Joseph F. Cawley, Jr., Binghamton, and Thomas A. Saitta for respondent-appellant.

Gary Fidel, Kew Gardens, Robert M. Carney, District Attorney of Schenectady County, Schenectady, and Bruce Seeliger for New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur with Judge LEVINE; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

LEVINE, J.

On May 29, 1997, defendant Daniel Edwards was indicted on one count each of murder in the first degree (see, Penal Law § 125.27 [1] [a] [vi]; [b]; L 1995, ch 1), murder in the second degree (Penal Law § 125.25 [1]), conspiracy in the second degree (Penal Law § 105.15) and criminal possession of a weapon in the second degree (Penal Law § 265.03). On January 26, 1998, the prosecution filed a notice...

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