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PEOPLE v. BROWN

No. 83.

41 N.Y.3d 279 (2023)

232 N.E.3d 1223

209 N.Y.S.3d 289

2023 NY Slip Op 05973

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

Court of Appeals of New York.

Decided November 21, 2023.

Attorney(s) appearing for the Case

Patricia Pazner, Appellate Advocates, New York City (Ava C. Page of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens (William H. Branigan and John M. Castellano of counsel), for respondent.

Emery Celli Brinckerhoff Abady Ward & Maazel, LLP, New York City (David B. Berman of counsel), Caprice Jenerson, Office of the Appellate Defender, New York City (Will A. Page of counsel), Twyla Carter, The Legal Aid Society, New York City (David Loftis of counsel), and Jenay Nurse Guilford, Center for Appellate Litigation, New York City (Nicole P. Geoglis of counsel), for Office of the Appellate Defender and others, amici curiae.

Chief Judge WILSON concurs. Judges TROUTMAN and HALLIGAN concur in result for reasons stated in sections I, II and V of the opinion. Judge CANNATARO dissents and votes to affirm in an opinion, in which Judges GARCIA and SINGAS concur.

OPINION OF THE COURT

APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered March 30, 2022. The Appellate Division affirmed an order of the Supreme Court, Queens County (Charles S. Lopresto, J.), which had, after a hearing, designated...

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