PEOPLE v. BROWN

No. 28

14 N.Y.3d 113 (2010)

924 N.E.2d 782

897 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOMER BROWN, JR., Appellant.

Court of Appeals of New York.

Decided February 18, 2010.


Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Michael C. Green , District Attorney, Rochester ( Nicole M. Fantigrossi of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant, under indictment for one count of robbery in the third degree and one count of grand larceny in the fourth degree, was unable to post the $10,000 bail and was held in custody while awaiting prosecution. From the time of his arrest on April 11, 2005 until his June 29, 2005 guilty plea, defendant consistently maintained his innocence and so testified at the...

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