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PEOPLE v. MITCHELL

No. 44.

38 N.Y.3d 408 (2022)

194 N.E.3d 708

174 N.Y.S.3d 1

2022 NY Slip Op 03360

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARC MITCHELL, Appellant.

Court of Appeals of New York.

Decided May 24, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York City (Ying-Ying Ma and Richard Joselson of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York City (Philip V. Tisne and Alan Gadlin of counsel), for respondent.

OPINION OF THE COURT

Defendant waived prosecution by information, pleaded guilty to fraudulent accosting (Penal Law § 165.30[1]), and was sentenced to time served. He argues on appeal that the term "accost" should be narrowly construed to require "a physical approach and an element of aggressiveness or persistence" that...

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