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PEOPLE v. FERNANDEZ

64 A.D.3d 307 (2009)

879 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. UMBERTO FERNANDEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 7, 2009.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Daniel A. Warshawsky and Jessica A. Yager of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Dennis Rambaud and Gina Mignola of counsel), for respondent.

GONZALEZ, P.J., TOM, SAXE and FRIEDMAN, JJ. concur.

OPINION OF THE COURT

McGUIRE, J.

In reversing the defendant's conviction in Morissette v United States (342 U.S. 246 [1952]), Justice Jackson stated for a unanimous Supreme Court that "[t]his would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried and submitted to the jury as to raise questions both fundamental and far-reaching in federal criminal law" (id...

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