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PEOPLE v. PACQUETTE

No. 112

17 N.Y.3d 87 (2011)

2011 NY Slip Op 4717

950 N.E.2d 489

926 N.Y.S.2d 856

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN PACQUETTE, Appellant.

Court of Appeals of New York.

Decided June 7, 2011.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Steven R. Bernhard and Lynn W.L. Fahey of counsel), for appellant.

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

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

OPINION OF THE COURT

READ, J.

On the evening of April 19, 2007, one man was shot to death and another was wounded (he was shot in the buttocks) in a shooting incident that took place outside an abandoned building on Bainbridge Street in Brooklyn, which had become a hangout for a group of young men. The body of the deceased victim was discovered in the building's basement, to which he evidently retreated after...

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