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PEOPLE v. AVILES

No. 186.

28 N.Y.3d 497 (2016)

46 N.Y.S.3d 478

68 N.E.3d 1208

2016 NY Slip Op 07836

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE AVILES, Appellant.

Court of Appeals of New York.

Decided November 22, 2016.

Attorney(s) appearing for the Case

Fried, Frank, Harris, Shriver & Jacobson, LLP, New York City (Aleksandr B. Livshits of counsel), and The Bronx Defenders, Bronx (V. Marika Meis of counsel), for appellant.

Darcel D. Clark, District Attorney, Bronx (Stanley R. Kaplan and Nancy D. Killian of counsel), for respondent.

Lowenstein Sandler LLP, New York City (Natalie J. Kraner, Catherine Weiss and Steven Llanes of counsel), and Amy S. Taylor, Make the Road New York, Brooklyn, for Make the Road New York, amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, ABDUS-SALAAM and STEIN concur; Judge RIVERA dissents in an opinion in which Judge FAHEY concurs.

OPINION OF THE COURT

The New York City Police Department (NYPD) does not administer physical coordination tests when a language barrier prevents the administering officer from communicating the test instructions to a non-English speaking suspect. Defendant Jose Aviles challenges this policy, arguing that his equal protection...

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