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PEOPLE v. ALFARO

No. 159.

19 N.Y.3d 1075 (2012)

979 N.E.2d 1152

955 N.Y.S.2d 826

2012 NY Slip Op 7140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ALFARO, Appellant.

Court of Appeals of New York.

Decided October 25, 2012.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City ( Anastasia B. Heeger and Richard M. Greenberg of counsel), for appellant.

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

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

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of robbery in the first and second degrees, assault in the first degree and gang assault in the second degree. In March 1999, with two putative accomplices, defendant assaulted complainant in the freight elevator lobby of a building in New York City. During the incident, the assailants searched...

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