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PEOPLE v. REED

No. 3

22 N.Y.3d 530 (2014)

6 N.E.3d 1108

983 N.Y.S.2d 752

2014 NY Slip Op 899

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE J. REED, Appellant.

Court of Appeals of New York.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Harris Beach PLLC, Pittsford ( Svetlana K. Ivy of counsel), and Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Nicole M. Fantigrossi of counsel), for respondent.

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

OPINION OF THE COURT

PIGOTT, J.

Shawn Thomas, a Rochester-area drug dealer, died of gunshot wounds to the head and chest on April 7, 2007. Before he left home that afternoon, Thomas had shown his girlfriend a large quantity of cash and asked her to count out $40,000. She did so, separating the $40,000 into banded $1,000 stacks and placing them in a plastic grocery bag bearing the logo of the Tops supermarket...

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