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PEOPLE v. BERRY

No. 94

27 N.Y.3d 591 (2016)

56 N.E.3d 207

36 N.Y.S.3d 425

2016 NY Slip Op 04656

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

Court of Appeals of New York.

Decided June 14, 2016.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York City ( Grace Vee and Susan Gliner of counsel), for respondent.

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

OPINION OF THE COURT

We hold that the evidence offered was legally insufficient to support the conclusion that defendant "permit[ted]" underage children to "enter or remain" in a place of drug activity (Penal Law § 260.20 [1]). To establish that a defendant permitted a child to enter or remain in a particular place, premises...

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