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PEOPLE v. JIMENEZ

3825/06, 16434.

142 A.D.3d 149 (2016)

37 N.Y.S.3d 225

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICARDO JIMENEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 21, 2016.

Attorney(s) appearing for the Case

Richard M. Greenberg , Office of the Appellate Defender, New York City ( Anastasia Heeger , Rosemary M. Herbert and Anant Kumar of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Noah J. Chamoy and Joseph N. Ferdenzi of counsel), for respondent.

MOSKOWITZ and RICHTER, JJ., concur. ACOSTA, J., concurs in result only.

OPINION OF THE COURT

Sean Worrell was shot and killed in a Bronx movie theater in July 1989. Defendant was arrested shortly after the shooting based on a police interview with Esco Blaylock, a teenager who claimed to have witnessed the shooting, but he was released after Blaylock stopped cooperating with the authorities...

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