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PEOPLE v. HARRIS

103014.

88 A.D.3d 83 (2011)

928 N.Y.S.2d 114

2011 NY Slip Op 6045

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN L. HARRIS, Appellant.

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

Decided July 28, 2011.

Attorney(s) appearing for the Case

Easton, Thompson, Kasperek & Shiffrin, L.L.P., Rochester ( William T. Easton , of counsel), for appellant.

Gerald A. Keene , District Attorney, Owego, for respondent.

SPAIN and STEIN, JJ., concur with MERCURE, J.; MALONE JR., J., dissents in a separate opinion; CARDONA, P.J., not taking part.

OPINION OF THE COURT

MERCURE, J.

Following a lengthy trial, defendant was convicted in 2007 of murder in the second degree for killing his wife, Michele Harris (hereinafter the victim), who was last seen on September 11, 2001. Neither the victim's body nor any murder weapon has ever been found. Within hours after the verdict, an individual, Kevin Tubbs, came forward alleging that he had information relevant to the victim's disappearance. Defendant's ensuing...

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