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PEOPLE v. BRABHAM

No. 212 SSM 38

15 N.Y.3d 841 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JESSE BRABHAM, Respondent.

Court of Appeals of New York.

Decided September 23, 2010.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Allen J. Vickey of counsel), for appellant.

Legal Aid Society, New York City ( Adrienne M. Gantt of counsel), for respondent.

Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and JONES. Judge PIGOTT dissents in an opinion in which Judge SMITH concurs.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), appeal dismissed upon the ground that the modification at the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to . . . modification" (CPL 450.90 [2] [a]). In view of the above, we have no occasion to comment on the dissent's position that Penal Law...

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