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PEOPLE v. DIGGINS

11 N.Y.3d 518 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISAAC DIGGINS, Appellant.

Court of Appeals of the State of New York.

Decided December 16, 2008.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Rosemary Herbert, Richard M. Greenberg and Ana Vuk-Pavlovic of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Gina Mignola and Eleanor J. Ostrow of counsel), for respondent.

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

OPINION OF THE COURT

READ, J.

Defendant Isaac Diggins, a drug dealer, was convicted after a jury trial of attempted second-degree murder (Penal Law §§ 110.00, 125.25 [1]), first-degree assault (Penal Law § 120.10 [1]) and criminal possession of a weapon in the second and third degrees (Penal Law § 265.03 [2]; § 265.02 [4] [now Penal Law § 265.03 [3]) in connection with a shooting incident on May 13, 2005. Defendant confessed...

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