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PEOPLE v. F.B.

68001/13 4027.

155 A.D.3d 1 (2017)

63 N.Y.S.3d 314

2017 NY Slip Op 07232

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. F.B., Appellant.

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

Decided October 17, 2017.

Attorney(s) appearing for the Case

Cleary Gottlieb Steen & Hamilton LLP, New York City (Sharon L. Barbour, Jonathan S. Kolodner, Anjali V Salvador and Alexandra K. Theobard of counsel), and The Bronx Defenders, Bronx (Amreeta Mathai and Runa Rajagopal of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Robert C. McIver and Rafael Curbelo of counsel), for respondent.

Brooklyn Defender Services, Brooklyn (Lisa Schriebersdorf of counsel), for amici curiae.

FRIEDMAN, J.P., RICHTER, MOSKOWITZ and GISCHE, JJ. concur.

OPINION OF THE COURT

On this appeal we are asked to determine an issue of first impression in this Court: Do the People constitute a "law enforcement agency" within the meaning of CPL 160.55 (1) (d) (ii) when they act in their capacity as an agency authorized, pursuant to RPAPL 715...

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