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People v. Herrera

Citations: 16 N.Y.3d 881; 947 N.E.2d 1188

Court: New York Court of Appeals; May 5, 2011; New York; State Supreme Court

Narrative Opinion Summary

The court affirms the order under review based on submissions in accordance with section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11). The decision references the case of People v. Fernandez, 16 NY3d 596 (2011), which was decided on the same day. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, and Pigott concur with the majority opinion. Judge Jones dissents, citing his reasons articulated in his dissenting opinion in People v. Fernandez.

Legal Issues Addressed

Appellate Review under Section 500.11

Application: The court applies the expedited review process under section 500.11 of the Rules of the Court of Appeals to affirm the order under review.

Reasoning: The court affirms the order under review based on submissions in accordance with section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11).

Judicial Consensus and Dissent

Application: The majority of the judges concur with the decision, demonstrating judicial consensus, while one judge dissents, referencing a related case.

Reasoning: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, and Pigott concur with the majority opinion. Judge Jones dissents, citing his reasons articulated in his dissenting opinion in People v. Fernandez.