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PEOPLE v. PHILLIPS

No. 41.

16 N.Y.3d 510 (2011)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PHILLIPS, Appellant.

Court of Appeals of New York.

Decided March 29, 2011.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Richard M. Greenberg and Jessica A. Yager of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone and Susan Gliner of counsel), for respondent.

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

OPINION OF THE COURT

JONES, J.

On August 23, 2004, defendant James Phillips was involved in a domestic dispute where he threatened his wife by brandishing a knife in the presence of their two daughters. Consequently, defendant was arrested and his wife obtained an order of protection against him. Approximately two weeks later, on September 10, 2004, defendant was found waiting near his wife's workplace and...

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