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PEOPLE v. DRAKE

7 N.Y.3d 28 (2006)

850 N.E.2d 630

817 N.Y.S.2d 583

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PARIS DRAKE, Appellant.

Court of Appeals of New York.

Decided May 9, 2006.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Chief Judge KAYE; Judge G.B. SMITH dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

On the afternoon of November 16, 1999, Nicole Barrett was seriously injured when, suddenly and without warning, a man struck her in the head with a brick while she was waiting at a busy intersection in midtown Manhattan. Although Barrett did not see her assailant, there were several eyewitnesses to the attack. Bystanders chased the fleeing suspect, but were unable to apprehend...

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