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PEOPLE v. HOWARD

5749, 5750

92 A.D.3d 176 (2012)

939 N.Y.S.2d 4

2012 NY Slip Op 131

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MALIK HOWARD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HILBERT STANLEY, Appellant.

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

Decided January 12, 2012.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Rebekah J. Pazmiño and Eunice C. Lee of counsel), for Malik Howard, appellant.

Steven Banks , The Legal Aid Society, New York City ( Adrienne Hale of counsel), for Hilbert Stanley, appellant.

Robert T. Johnson , District Attorney, Bronx ( Allen H. Saperstein , Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent.

SAXE, J.P., and FRIEDMAN, J., concur with RICHTER, J.; MOSKOWITZ and FREEDMAN, JJ., dissent in part in an opinion by FREEDMAN, J.

PINION OF THE COURT

RICHTER, J.

In the early morning hours of April 21, 2006, Domingo Lopez was walking home from his job as a waiter. A car approached him at a slow speed but Lopez did not pay any attention at first because he thought they were looking for parking. Suddenly, Lopez heard people running behind him. As he turned around, Lopez saw defendants Malik Howard and Hilbert Stanley get out of the car and come towards him. Howard stood in front of Lopez...

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