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PEOPLE v. GILLYARD

13 N.Y.3d 351 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLLIER GILLYARD, Appellant.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Shearman & Sterling, LLP, New York City (Steven F. Molo, Christine A. Meiers, Robert L. Whitener, Michael S. Carucci and Mary Runkle of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Rosemary Herbert of counsel) for appellant.

Robert M. Morgenthau, District Attorney, New York City (Britta Gilmore and David M. Cohn of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

PIGOTT, J.

This case concerns two incidents in which defendant impersonated a police officer. During the first incident, defendant displayed a badge, claimed to be a police officer and demanded that the victim pay him money. When the victim resisted, he pushed the victim against the wall, brandished a pair of handcuffs and threatened to use them. As a result, the victim, accompanied by defendant, withdrew money from an ATM and gave it...

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