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PEOPLE v. LEWIS

2 N.Y.3d 224 (2004)

809 N.E.2d 1106

777 N.Y.S.2d 798

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY A. LEWIS, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 2004.

Attorney(s) appearing for the Case

D.J. & J.A. Cirando, Syracuse (John A. Cirando, Lisa M. Cirando, Susan R. Rider and Mickelle A. Olawoye of counsel), for appellant.

John C. Tunney, District Attorney, Bath, for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick and Graffeo concur with Judge Rosenblatt; Judge R.S. Smith dissents in a separate opinion in which Judge Read concurs.

OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we reverse defendant's conviction because his attorney testified against him at a Sirois hearing (see Matter of Holtzman v Hellenbrand [Sirois], 92 A.D.2d 405, 415 [2d Dept 1983]).

I.

Defendant was indicted for possessing and selling controlled substances. The charges were based, in...

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