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PEOPLE v. PATTERSON

5 N.Y.3d 91 (2005)

833 N.E.2d 223

800 N.Y.S.2d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEIL PATTERSON, JR., Appellant.

Court of Appeals of the State of New York.

Decided June 14, 2005.

Attorney(s) appearing for the Case

Christopher A. Amata, Albany, Joseph J. Heath, Syracuse, and Kendra E. Winkelstein, Grand Island, for appellant.

Eliot Spitzer, Attorney General, Albany (Andrew D. Bing, Caitlin J. Halligan, Robin A. Forshaw and Peter H. Schiff of counsel), and Matthew J. Murphy III, District Attorney, Lockport (Thomas H. Brandt of counsel), for respondent.

Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

On this appeal, we consider whether the Treaty of Canandaigua of 1794 (7 US Stat 44) vests members of the Tuscarora Nation with off-reservation fishing rights on former Seneca lands, the boundaries of which are demarcated by article III of the Treaty. We hold that it does not.

I.

Defendant, Neil Patterson, is an enrolled member of the Tuscarora Indian Nation, one of the Six Nations of the Iroquois Confederacy...

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