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PEOPLE v. JONES

No. 122.

32 N.Y.3d 1146 (2018)

117 N.E.3d 782

93 N.Y.S.3d 223

2018 NY Slip Op 08058

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMIAN JONES, Appellant.

Court of Appeals of New York.

Decided November 27, 2018.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, New York City ( Scott M. Danner of counsel), and Office of the Appellate Defender, New York City ( Christina A. Swarns and Rosemary Herbert of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ross D. Mazer and David M. Cohn of counsel), for respondent.

White & Case LLP, Washington, D.C. ( Dana Foster of counsel), Robert S. Dean , Center for Appellate Litigation, New York City, New York State Association of Criminal Defense Attorneys, White Plains ( Richard D. Willstatter of counsel), and Chief Defenders Association of New York, Bronx ( Leanne G. Lapp of counsel), for Center for Appellate Litigation and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

Defendant was convicted, upon a jury verdict, of enterprise corruption as defined by Penal Law § 460.20—the single count filed against him in the indictment. For purposes of this appeal only, we assume, without deciding, that the People established the existence of a criminal...

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