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PEOPLE v. O'TOOLE

No. 233.

22 N.Y.3d 335 (2013)

3 N.E.3d 687

980 N.Y.S.2d 350

2013 NY Slip Op 8193

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD O'TOOLE, Respondent.

Court of Appeals of New York.

Decided December 10, 2013.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Timothy C. Stone and Susan Gliner of counsel), for appellant.

Steven Banks , The Legal Aid Society, New York City ( Katheryne M. Martone of counsel), for respondent.

Judges GRAFFEO, READ and ABDUS-SALAAM concur with Judge SMITH; Judge RIVERA concurs in result in an opinion in which Chief Judge LIPPMAN concurs; Judge PIGOTT dissents and votes to reverse in an opinion.

OPINION OF THE COURT

SMITH, J.

We hold that on the facts of this case defendant's acquittal of a charge of first degree robbery that was based on the alleged display of a firearm barred the People from introducing, at a later trial for second degree robbery, evidence that a firearm was displayed.

I

Defendant was charged with first and second degree robbery and other...

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