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People v Herrera, 16 NY3d 881 (2011)

2011 NY Slip Op 03678 [16 NY3d 881]
May 5, 2011
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Rolando Herrera, Appellant.

Decided May 5, 2011

People v Herrera, 76 AD3d 891, affirmed.

{**16 NY3d at 875} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed (see People v Fernandez, 16 NY3d 596 [2011] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez (16 NY3d 596, 603 [2011] [decided today]).