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PEOPLE v. CABRERA

10 N.Y.3d 370 (2008)

887 N.E.2d 1132

858 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRETT CABRERA, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2008.

Attorney(s) appearing for the Case

Orseck Law Offices PLLC, Liberty (Gerald Orseck of counsel), for appellant.

Stephen F. Lungen, District Attorney, Monticello (Bonnie M. Mitzner of counsel), for respondent.

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

OPINION OF THE COURT

READ, J.

Late in the afternoon on a bright, summery June day in 2004, a group of Sullivan County youths set out for a local lake to go swimming. They piled into two vehicles to make the trip. One was operated by 19-year-old Monica Mendoza, with her younger sister as a passenger; the other, by defendant Brett Cabrera, a 17 year old with a junior "class DJ" license. Cabrera was driving his parents' 2004 Mercury Mountaineer, a midsized...

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