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PEOPLE v. COLON

13 N.Y.3d 343 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY COLON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ORTIZ, Appellant.

Court of Appeals of New York.

Decided November 19, 2009.

Attorney(s) appearing for the Case

Law Offices of Joel B. Rudin, New York City (Joel B. Rudin of counsel), and Legal Aid Society, Criminal Appeals Bureau (Harold V. Ferguson, Jr., and Steven Banks of counsel), for appellants.

Robert M. Morgenthau, District Attorney, New York City (Patrick J. Hynes and Alan Gadlin of counsel), for respondent.

Law Office of Marc Fernich, New York City (Marc Fernich of counsel), Sercarz & Riopelle LLP (Maurice H. Sercarz of counsel), and Richard D. Willstatter, White Plains, for National Association of Criminal Defense Lawyers and another, amici curiae.

Weil, Gotshal & Manges LLP, New York City (Caitlin J. Halligan, Vernon S. Broderick, Eric S. Hochstadt and Cheri Veit of counsel), for Center on the Administration of Criminal Law at New York University School of Law, amicus curiae.

Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

GRAFFEO, J.

Shortly after midnight on December 8, 1989, the occupants of a van opened fire on two cars at a Manhattan intersection, killing two men and wounding two others. In the fall of 1990, defendants Danny Colon and Anthony Ortiz were arrested in connection with the shootings and charged with four counts each of second-degree murder, attempted second-degree murder and first-degree assault, as well as various weapons offenses.

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