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PEOPLE v. MORALES

2210/04, 1142.

81 A.D.3d 1 (2010)

911 N.Y.S.2d 21

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDGAR MORALES, Appellant.

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

Decided November 9, 2010.

Attorney(s) appearing for the Case

Debevoise & Plimpton LLP,, New York City ( Catherine M. Amirfar, Benjamin Sirota , Ana Frischtak , Poonam Kumar and Naila B. McKenzie of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Peter D. Coddington and Justin J. Braun of counsel), for respondent.

MAZZARELLI, J.P., CATTERSON and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

Six days after the devastating attacks of September 11, 2001 (9/11), the Legislature passed the Anti-Terrorism Act of 2001 (L 2001, ch 300), which included, among other measures, article 490 of the Penal Law, entitled "Terrorism," defining various terrorism-related offenses. Penal Law § 490.25 (1) provides, in pertinent part, that a person is guilty of a "crime of terrorism...

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