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PEOPLE v. THOMAS

No. 18

22 N.Y.3d 629 (2014)

8 N.E.3d 308

985 N.Y.S.2d 193

2014 NY Slip Op 1208

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADRIAN P. THOMAS, Appellant.

Court of Appeals of New York.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Jerome K. Frost, P.C., Troy ( Jerome K. Frost of counsel), and Ingrid Effman , for appellant.

Richard J. McNally, Jr. , District Attorney, Troy ( Kelly L. Egan of counsel), for respondent.

Legal Aid Society, New York City ( Lorca Morello of counsel), for Legal Aid Society, amicus curiae.

Adele Bernhard , New York City, for New York Law School Legal Service Post Conviction Innocence Clinic, amicus curiae.

Wilmer Cutler Pickering Hale & Dorr LLP, Washington, D.C. ( David W. Ogden , Daniel S. Volchok and Sonya L. Lebsack of counsel), and Nathalie F.P. Gilfoyle , for American Psychological Association, amicus curiae.

Milbank, Tweed, Hadley & McCloy LLP, New York City ( Dorothy Heyl and LaTonya Brooks of counsel), for Innocence Network, amicus curiae.

Kathleen M. Rice , District Attorney, Mineola ( Hilary Hassler and Vincent Rivellese of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Sharon L. McCarthy , New York City, Susan Hoffinger , K. Babe Howell , Christopher Ferguson , Angie Louie and Terri Rosenblatt for New York City Bar Association, amicus curiae.

Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Defendant was convicted by a jury of murdering his four-month-old son, Matthew Thomas. The evidence considered by the jury included a statement in which he admitted that on three occasions during the week preceding the infant's death he "slammed" Matthew down on a mattress just 17 inches above the floor and a videotape of defendant's interrogation, near the end of which...

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