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PEOPLE v. MARACLE

No. 122.

19 N.Y.3d 925 (2012)

2012 NY Slip Op 5121

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AMBER MARACLE, Appellant. (Appeal No. 1.) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AMBER MARACLE, Appellant. (Appeal No. 2.)

Court of Appeals of New York.

Decided June 27, 2012.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria, LLP, Buffalo ( Timothy P. Murphy of counsel), for appellant in the first and second above-entitled actions.

Frank A. Sedita, III , District Attorney, Buffalo ( Matthew B. Powers and Donna A. Milling of counsel), for respondent in the first and second above-entitled actions.

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

OPINION OF THE COURT

MEMORANDUM.

The orders of the Appellate Division should be reversed, and the matter remitted to that Court for further proceedings consistent with this memorandum.

Defendant, a bookkeeper/receptionist for a fence installation business, was indicted on one count of grand larceny in the second degree (Penal Law § 155.40 [1]) and four counts of forgery in the second degree (Penal Law § 170.10 [1]) for stealing money from...

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