Lambda Legal Defense and Education Fund, Inc., New York City ( Thomas W. Ude, Jr. , and M. Dru Levasseur of counsel), and Nancy Hoppock , Center on the Administration of Criminal Law at New York University's School of Law, New York City, for Lambda Legal Defense and Education Fund, Inc. and others, amici curiae.
New York State Association of Criminal Defense Lawyers, New York City ( Marc Fernich and Brendan White of counsel), Diane Ferrone , New York City, Alfred O'Connor , New York State Defenders Association, Albany, and Richard M. Greenberg , Office of the Appellate Defender, New York City, for New York State Association of Criminal Defense Lawyers and others, amici curiae.
Chief Judge LIPPMAN and Judges GRAFFEO, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge ABDUS-SALAAM in a concurring opinion.
OPINION OF THE COURT
READ, J.
A Syracuse grand jury indicted defendant Dwight R. DeLee for second-degree murder as a hate crime (Penal Law §§ 125.25 [1]; 485.05 [1] [a]), second-degree murder (Penal Law § 125.25 [1]) and third-degree criminal weapon possession (Penal Law...
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