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PEOPLE v. SCOTT

No. 87

25 N.Y.3d 1107 (2015)

35 N.E.3d 476

14 N.Y.S.3d 308

2015 NY Slip Op 04874

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAKIM B. SCOTT, Appellant.

Court of Appeals of New York.

Decided June 11, 2015.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Steven R. Bernhard and Paul Skip Laisure of counsel), for appellant.

Kenneth P. Thompson , District Attorney, Brooklyn ( Seth M. Lieberman and Leonard Joblove of counsel), for respondent.

Chief Judge LIPPMAN and Judges READ, PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM

The order of the Appellate Division should be affirmed.

In the early morning hours of December 7, 2008, following a night of heavy drinking, José Sucuzhanay and his brother Romel Sucuzhanay were walking home in their Brooklyn neighborhood while supportively holding one another. The brothers crossed in front of an SUV which was stopped at a red light. In the SUV were Keith Phoenix in the driver's seat, Demetrius...

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