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PEOPLE v. JOHNSON

10 N.Y.3d 875 (2008)

890 N.E.2d 877

860 N.Y.S.2d 762

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FATIN JOHNSON, Appellant.

Court of Appeals of the State of New York.

Decided June 3, 2008.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Laura Burde and Robert S. Dean of counsel), for appellant.

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

Mayer Brown, LLP, New York City (Andrew H. Schapiro of counsel), Barry C. Scheck, Peter J. Neufeld, David Loftis and Ezekiel R. Edwards for Innocence Project, amicus curiae.

Lorca Morello, New York City, Steven Banks, Richard Willstatter, White Plains, and Alfred O'Connor, Albany, for Legal Aid Society and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that Court for further proceedings in accordance with this memorandum.

Late in the afternoon of July 2, 1998, on the corner of 102nd Street and First Avenue in New York City, defendant Fatin Johnson and his older brother Amir got into a heated argument over money that defendant claimed Amir owed him. Amir advanced toward defendant, who...

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