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PEOPLE v. MONK

No. 77.

21 N.Y.3d 27 (2013)

989 N.E.2d 1

966 N.Y.S.2d 739

2013 NY Slip Op 3022

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRANCE MONK, Appellant.

Court of Appeals of New York.

Decided April 30, 2013.

Attorney(s) appearing for the Case

Scott B. Tulman & Associates, PLLC, New York City ( Scott B. Tulman of counsel), for appellant.

Janet DiFiore , District Attorney, White Plains ( Laurie Sapakoff , Steven Bender and Richard Longworth Hecht of counsel), for respondent.

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

OPINION OF THE COURT

READ, J.

By indictment filed in Westchester County on June 17, 2004, defendant Terrance Monk was charged with first-degree robbery (Penal Law § 160.15 [3] [the robber "(u)ses or threatens the immediate use of a dangerous instrument"]), second-degree robbery (two counts) (Penal Law § 160.10), and second- and third-degree assault (Penal Law §§ 120.05, 120.00, respectively...

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