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PEOPLE v. BAILEY

13 N.Y.3d 67 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC BAILEY, Appellant.

Court of Appeals of New York.

Decided June 11, 2009.

Attorney(s) appearing for the Case

Bryan Cave LLP, New York City (John D. Kircher of counsel), and Office of the Appellate Defender (Richard M. Greenberg and Eunice C. Lee of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Olivia Sohmer and Alan Gadlin of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and READ concur with Judge JONES; Judge PIGOTT dissents in part and votes to affirm in a separate opinion in which Judge SMITH concurs.

OPINION OF THE COURT

JONES, J.

The question before the Court is whether the evidence was legally sufficient to convict defendant of criminal possession of a forged instrument in the first degree. We hold that it was not.

Due to reports of increased thefts in Midtown Manhattan, a plainclothes team of officers, including Police Officer Murphy and Sergeant Fressle, was on the lookout for pickpockets....

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