IN THE MATTER OF THE STATE OF NEW YORK, Appellant, v. MUSTAFA RASHID, Respondent.

205.Court of Appeals of the State of New York.
November 23, 2010.

Opinion by Judge READ.

Chief Judge Lippman and Judges.

Ciparick, Pigott and Jones concur.

Judge Graffeo dissents and votes to reverse in an opinion in which Judge Smith concurs in a separate opinion.

Order affirmed, without costs.

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