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PEOPLE v. WILLIAMS

20 A.D.3d 72 (2005)

795 N.Y.S.2d 561

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONNA WILLIAMS, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 26, 2005.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan and Joseph N. Ferdenzi of counsel), for appellant.

Feldman and Feldman, Uniondale (Steven A. Feldman of counsel), for respondent.

BUCKLEY, P.J., TOM, MARLOW and CATTERSON, JJ., concur.

OPINION OF THE COURT

GONZALEZ, J.

In this appeal by the People from Supreme Court's dismissal of the indictment on the ground of legally insufficient evidence, we must decide whether the defendant's failure to disclose the identity of a robber to the police immediately after witnessing the robbery, standing alone, constitutes "criminal assistance" under this State's hindering prosecution statute (Penal Law § 205.50). Because we find that defendant's...

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