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PEOPLE v. BARKSDALE

No. 123.

26 N.Y.3d 139 (2015)

41 N.E.3d 1111

20 N.Y.S.3d 296

2015 NY Slip Op 07694

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BARKSDALE, Appellant.

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City (Jan Hoth of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Sheila L. Bautista and Beth Fisch Cohen of counsel), for respondent.

New York Civil Liberties Union Foundation, New York City ( Jordan Wells , Alexis Karteron and Christopher Dunn of counsel), The Bronx Defenders, Bronx ( Robin Steinberg , Johanna B. Steinberg , Marika Meis and Scott Levy of counsel), LatinoJustice PRLDEF, New York City ( Foster Maer of counsel), New York Lawyers for the Public Interest, New York City ( J. McGregor Smyth, Jr. of counsel), and Shearman & Streling LLP, New York city ( Jeffrey J. Resetarits of counsel), for New york Civil Liberties Union and others, amici curiae.

Judges PIGOTT, ABDUS-SALAAM and STEIN concur; Judge RIVERA dissents in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

On this appeal we consider the admissibility of evidence seized following defendant's arrest in the lobby of an apartment building in Manhattan that was enrolled in the trespass affidavit program (TAP). Under the particular facts and circumstances of this...

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