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PEOPLE v. TZITZIKALAKIS

8 N.Y.3d 217 (2007)

864 N.E.2d 44

832 N.Y.S.2d 120

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JIMMY TZITZIKALAKIS, Respondent.

Court of Appeals of the State of New York.

Decided February 15, 2007.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Paula-Rose Stark and Mark Dwyer of counsel), for appellant.

Law Offices of Gerald L. Shargel, New York City (Ross M. Kramer, Gerald L. Shargel and Henry E. Mazurek of counsel), for respondent.

Judges CIPARICK, GRAFFEO and PIGOTT concur with Chief Judge KAYE; Judge SMITH dissents in a separate opinion in which Judge READ concurs; Judge JONES taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

Defendant was the principal of Foundation Construction Consultants, a company that completed a number of projects for the City of New York pursuant to a contract with the city's Department of Citywide Administrative Services (DCAS). These projects included courtroom construction at the Queens Criminal Court and lighting work at Two Lafayette Street in Manhattan. Between 1996...

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