PEOPLE v. HARRIS

No. 174.

19 N.Y.3d 679 (2012)

978 N.E.2d 1246

954 N.Y.S.2d 777

2012 NY Slip Op 6990

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

Court of Appeals of New York.

Decided October 18, 2012.


Attorney(s) appearing for the Case

Easton Thompson Kasperek Shiffrin LLP, Rochester ( William T. Easton and Brian Shiffrin of counsel), for appellant.

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

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, SMITH and JONES concur; Judge READ dissents and votes to reverse and dismiss the indictment for the reasons stated in so much of the dissenting opinion of Justice Bernard J. Malone at the Appellate Division as addressed sufficiency of the evidence (, at 98-120).


OPINION OF THE COURT

PIGOTT, J.

Michele Harris, mother of four young children and defendant's estranged wife, was last seen on the evening of September 11, 2001. At approximately 7:00 a.m. the following day, the Harris family babysitter, Barbara Thayer, discovered Michele's unoccupied minivan at the bottom of the quarter-mile driveway of the Harris residence, which...

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