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PEOPLE v. WILLIAMS

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24 N.Y.3d 1129 (2015)

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

Court of Appeals of New York.

Decided February 19, 2015.

Attorney(s) appearing for the Case

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell of counsel), for appellant.

Hiscock Legal Aid Society, Syracuse ( Kristen N. McDermott of counsel), for respondent.

The Center for HIV Law and Policy, New York City ( Ivan Espinoza-Madrigal of counsel), Winston & Strawn LLP, New York City ( Thomas Patrick Lane and Dorian Slater Thomas of counsel), and Winston & Strawn LLP, Los Angeles, California ( Peter Perkowski of counsel), for The Center for HIV Law and Policy and others, amici curiae.

New York Civil Liberties Union Foundation, New York City ( Robert Hodgson , Mariko Hirose and Arthur Eisenberg of counsel), and American Civil Liberties Union Foundation, New York City ( Rose A. Saxe and James D. Esseks of counsel), for New York Civil Liberties Union and another, amici curiae.

Chief Judge LIPPMAN and Judges READ, RIVERA and ABDUS-SALAAM concur; Judge PIGOTT dissents in an opinion; Judges STEIN and FAHEY taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The victim and defendant Terrance Williams became friends in July 2010. Their friendship turned intimate sometime later in the summer, when they engaged in anal sexual conduct. During their early sexual encounters, the victim and defendant used protection; however, they eventually had unprotected sex. The first time this happened, the victim reached for a condom...

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