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PEOPLE v. CALDAVADO

No. 162

26 N.Y.3d 1034 (2015)

43 N.E.3d 369

22 N.Y.S.3d 159

2015 NY Slip Op 08614

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALMA CALDAVADO, Also Known as ALMA CALDERARO, Appellant.

Court of Appeals of New York.

Decided November 23, 2015.

Attorney(s) appearing for the Case

Mark M. Baker, New York City, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Robert J. Masters, Nicoletta J. Caferri and William H. Branigan of counsel), for respondent.

Fried, Frank, Harris, Shriver & Jacobson LLP, New York City (David B. Hennes, Nathan M. Erickson and Michael P. Sternheim of counsel), Seth Miller, Innocence Network, Tallahassee, Florida (Katherine Judson of counsel), and Dana M. Delger and M. Chris Fabricant, New York City, for Innocence Network, amicus curiae.

Thomas R. Villecco, Jericho, Mark Fernich, New York State Association of Criminal Defense Lawyers, New York City, and Richard Willstatter, National Association of Criminal Defense Lawyers, White Plains, for National Association of Criminal Defense Lawyers and another, amici curiae.

Gerald F. Mollen, Benjamin E. Rosenberg and Jamie Masten for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUSSALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

In 2006, defendant was charged with assault in the first degree (Penal Law § 120.10 [3]) and endangering the welfare of a child (Penal Law § 260.10 [1]), in connection with injuries sustained by a seven-month-old infant in her care. At defendant's trial...

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