PEOPLE v. OCHOA

Nos. 22, 23

14 N.Y.3d 180 (2010)

925 N.E.2d 868

899 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK OCHOA, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MiCHAEL FIGUEROA, Appellant.

Court of Appeals of New York.

Decided February 16, 2010.


Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Carol A. Zeldin and Robert S. Dean of counsel), for appellant in the first above-entitled action.

Office of the Appellate Defender , New York City ( Rosemary Herbert and Richard M. Greenberg of counsel), for appellant in the second above-entitled action.

Robert T. Johnson , District Attorney, Bronx ( Jason S. Whitehead , Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent in the first and second above-entitled actions.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge JONES dissents and votes to reverse and order a new trial in a separate opinion in which Chief Judge LIPPMAN and Judge CIPARICK concur.


OPINION OF THE COURT

PIGOTT, J.

Following a joint trial, defendant Mark Ochoa was found guilty of one count of robbery in the second degree, and defendant Michael Figueroa was convicted of two counts of robbery in the second degree and one count of criminal possession of a weapon arising from events that occurred in January of 2003.

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