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PEOPLE v. BRADLEY

No. 201.

20 N.Y.3d 128 (2012)

2012 NY Slip Op 7858

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DALE BRADLEY, Appellant.

Court of Appeals of New York.

Decided November 20, 2012.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Kimberly F. Duguay of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Leslie E. Swift of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Chief Judge LIPPMAN; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant stands convicted of manslaughter in the first degree. In a statement given shortly after the homicide, and at trial, defendant admitted fatally stabbing her estranged boyfriend, Joseph Wilburn, but claimed that she had done so while attempting to defend herself. Mr. Wilburn, she said, appeared at her home early on the morning of February 2, 2007. Although she...

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