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PEOPLE v. DURANT

No. 166

26 N.Y.3d 341 (2015)

44 N.E.3d 173

2015 NY Slip Op 08609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVERETT M. DURANT, Appellant.

Court of Appeals of New York.

Decided November 23, 2015.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Janet C. Somes of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Geoffrey Kaeuper of counsel), for respondent.

Weil Gotshal & Manges LLP, New York City ( Steven A. Reiss and Melody E. Akhavan of counsel), and Weil Gotshal & Manges, LLP, Washington, D.C. ( David B. Hird , Daniel Riegel , James Sadler and Vanshika Vij of counsel), for The Innocence Project, amicus curiae.

Gerald F. Mollen , District Attorneys Association of the State of New York, Binghamton, and New York Prosecutors Training Institute, Albany ( Wendy Evans Lehmann and Hannah E.C. Moore of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Judges PIGOTT, RIVERA and STEIN concur; Chief Judge LIPPMAN concurs in result in a separate concurring opinion; Judge FAHEY taking no part.

OPINION OF THE COURT

The increasing availability of electronic recording technology raises many complex questions of law and policy in the realm of criminal justice, most of which we cannot and do not resolve in this case. Instead, we are confronted here with a single narrow question: does the common law invariably require...

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