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PEOPLE v. MALDONADO

NO. 12

28 N.Y.3d 1173 (2017)

49 N.Y.S.3d 352

2017 NY Slip Op 01254

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO MALDONADO, Appellant.

Court of Appeals of New York.

Decided February 16, 2017.

Attorney(s) appearing for the Case

White & Case LLP, New York City ( Louis O'Neill , Isaac Glassman , Eric Majchrzak and Romain Zamour of counsel), and Seymour W. James, Jr. , The Legal Aid Society, New York City ( David Crow and Andrew Fine of counsel), for appellant.

Eric Gonzalez , Acting District Attorney, Brooklyn ( Solomon Neubort , Leonard Joblove and Victor P. Barall of counsel), for respondent.

Chief Judge DiFIORE and Judges ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Judge RIVERA concurs in the result; Judge WILSON taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Following a jury trial, defendant was convicted of grand larceny in the first degree (Penal Law § 155.42); attempted grand larceny in the first degree (Penal Law §§ 110.00, 155.42); and criminal possession of a forged instrument in the second degree (Penal Law § 170.25).

Defendant appealed, arguing, among other...

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