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PEOPLE v. DIPIPPO

No. 11

27 N.Y.3d 127 (2016)

50 N.E.3d 888

2016 NY Slip Op 02279

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DIPIPPO, Appellant.

Court of Appeals of New York.

Decided March 29, 2016.

Attorney(s) appearing for the Case

Brafman & Associates, P.C., New York City (Mark M. Baker, Benjamin Brafman and Jacob Kaplan of counsel), for appellant.

Adam B. Levy, District Attorney, Carmel (David M. Bishop and Heather M. Abissi of counsel), for respondent.

Judges PIGOTT, RIVERA and ABDUS-SALAAM concur; Judge FAHEY dissents in an opinion; Chief Judge DiFiORE and Judge GARCIA taking no part.

OPINION OF THE COURT

On this appeal, defendant Anthony DiPippo argues that the trial court abused its discretion by precluding him from introducing evidence of third-party culpability during his retrial for felony murder and rape in the first degree. We conclude that, under the circumstances...

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