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PEOPLE v. HENDERSON

No. 165

13 N.Y.3d 844 (2009)

892 N.Y.S.2d 292

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN HENDERSON, Appellant.

Court of Appeals of New York.

Decided November 23, 2009.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg and Eunice C. Lee of counsel), and Simpson Thacher & Bartlett LLP (Marsha W. Yee of counsel) for appellant.

Robert T. Johnson, District Attorney, Bronx (Rither Alabre, Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

This appeal stems from a fight at the Anna M. Kross Center at Rikers Island Jail, after which defendant Brian Henderson was charged with attempted assault in the first degree (Penal Law §§ 110.00, 120.10) and other crimes. At trial, the People placed defendant at the center of the fight, while the defense argued that defendant was not even present when...

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