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PEOPLE v. McKNIGHT

No. 217.

16 N.Y.3d 43 (2010)

942 N.E.2d 1019

917 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ULYSESS McKNIGHT, Appellant.

Court of Appeals of New York.

Decided December 14, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( Allen Fallek and Steven Banks of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Keith Dolan and Leonard Joblove of counsel), for respondent.

Judges CIPARICK, GRAFFEO and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents in part in a separate opinion in which Judge SMITH concurs; Judge JONES dissents in part in another opinion.

OPINION OF THE COURT

READ, J.

On the evening of Friday, September 16, 2005, at the end of his workweek, William Smith played cards with Eric Lamotte, his friend of 15 years, and other friends and neighbors until the early morning hours of September 17, 2005. The card game took place out-of-doors, near the middle of Gates Avenue between Throop and Tompkins Avenues in Brooklyn, where Smith resided with his mother...

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