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PEOPLE v. PAGAN

No. 61.

19 N.Y.3d 91 (2012)

2012 NY Slip Op 2418

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEBRA PAGAN, Appellant.

Court of Appeals of New York.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Svetlana M. Kornfeind and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sara M. Zausmer and Gina Mignola of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In this appeal, we address the relation between a claim of right defense and a mistake of fact defense in the second-degree robbery context. We conclude that, in the circumstances of this case, the two defenses are equivalent.

I.

The incident underlying this appeal occurred after defendant Debra Pagan hailed a livery cab from a bus stop at 116th Street and Madison...

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