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PEOPLE v. ROBERTS

Nos. 42, 43.

31 N.Y.3d 406 (2018)

104 N.E.3d 701

79 N.Y.S.3d 597

2018 NY Slip Op 03172

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KERRI ROBERTS, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRIE J. RUSH, Appellant.

Court of Appeals of New York.

Decided May 3, 2018.

Attorney(s) appearing for the Case

Cyrus R. Vance, Jr. , District Attorney, New York City ( Philip Morrow and Alice Wiseman of counsel), for appellant in the first above-entitled action.

Robert S. Dean , Center for Appellate Litigation, New York City ( John Vang of counsel), for respondent in the first above-entitled action.

Phillips Lytle LLP, Buffalo ( Deena K. Mueller-Funke of counsel), and Timothy P. Donaher , Public Defender, Rochester, for appellant in the second above-entitled action.

Sandra Doorley , District Attorney, Rochester ( Daniel Gross of counsel), for respondent in the second above-entitled action.

OPINION OF THE COURT

The common issue presented in these appeals is whether the People may establish that a defendant "assumes the identity of another," within the meaning of New York's identity theft statute, by proof that the defendant used another's personal identifying information...

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