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PEOPLE v. BROWN

No. 23.

33 N.Y.3d 983 (2019)

124 N.E.3d 247

100 N.Y.S.3d 697

2019 NY Slip Op 03404

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BORIS BROWN, Appellant.

Court of Appeals of New York.

Decided May 2, 2019.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (David J. Klem of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Sylvia Wertheimer and Alan Gadlin of counsel), for respondent.

Chief Judge DiFIORE and Judges RIVERA, FAHEY, GARCIA, WILSON and FEINMAN concur. Judge STEIN dissents in part and votes to affirm in an opinion.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified in accordance with this memorandum and, as so modified, affirmed. The Appellate Division properly affirmed the judgment of conviction, however, a hearing is required on the CPL 440.10 motion.

In the early morning hours of October 3, 2010, defendant fired into a courtyard at the AK Houses in Manhattan. He killed a 17-year-old victim and wounded another bystander...

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