PEOPLE v. NIEVES-ANDINO


9 N.Y.3d 12 (2007)

872 N.E.2d 1188

840 N.Y.S.2d 882

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN NIEVES-ANDINO, Also Known as JUAN ANDINO-NIEVES, Appellant.

Court of Appeals of the State of New York.

Decided June 28, 2007.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Jonathan M. Kirshbaum and Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent.

Chief Judge KAYE and Judges GRAFFEO and READ concur with Judge PIGOTT; Judge JONES concurs in result in a separate opinion in which Judges CIPARICK and SMITH concur.


OPINION OF THE COURT

PIGOTT, J.

Jose Millares was shot in the early hours of November 28, 2000 on the Bronx street where he sold drugs. His associate Michael O'Carroll called 911. Within minutes, two police officers arrived on the scene, and immediately went to Millares, who was lying, half on the street, half on the sidewalk, between two parked cars. There was a small crowd of onlookers. Officer Doyle bent down to observe the victim more closely. He was...

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