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PEOPLE v. THOMAS

No. 212

17 N.Y.3d 923 (2011)

958 N.E.2d 905

2011 NY Slip Op 8448

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL THOMAS, Appellant.

Court of Appeals of New York.

Decided November 21, 2011.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Ian R. Dattner of counsel), and Office of the Appellate Defender ( Joseph M. Nursey and Richard M. Greenberg of counsel) for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Jared S. Wolkowitz and Richard Nahas of counsel), for respondent.

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At about 3:40 A.M. on June 10, 2006, Oscar Magallanes was accosted by two men, on the landing outside the front door of 124 East 103rd Street, in Manhattan. As he put his key into the lock, the men forced him to the ground. One attacker held Magallanes down, while the other went through the pockets of his jeans, taking his cell phone, as well as a $20 bill and...

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