People v. Hope

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JUSTIN HOPE, Respondent.

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 11, 2019

174 A.D.3d 1069 (N.Y. App. Div. 2019)

101 N.Y.S.3d 918

2019 N.Y. Slip Op. 5598

Opinion

110725

07-11-2019

The PEOPLE of the State of New York, Appellant, v. Justin HOPE, Respondent.

Rachel P. Dunn, New York State Justice Center for the Protection of People with Special Needs, Delmar (Caitlin Halligan of Selendy & Gay, PLLC, New York City, of counsel), for appellant. The Kindlon Law Firm PLLC, Albany (Lee Kindlon of counsel), for respondent. Letitia James, Attorney General, New York City (Barbara D. Underwood of counsel), in her statutory capacity under Executive Law § 71.

Rumsey, J.

Rachel P. Dunn, New York State Justice Center for the Protection of People with Special Needs, Delmar (Caitlin Halligan of Selendy & Gay, PLLC, New York City, of counsel), for appellant.

The Kindlon Law Firm PLLC, Albany (Lee Kindlon of counsel), for respondent.

Letitia James, Attorney General, New York City (Barbara D. Underwood of counsel), in her statutory capacity under Executive Law § 71.

Before: Garry, P.J., Egan Jr., Aarons, Rumsey and Pritzker, JJ.

MEMORANDUM AND ORDER

Rumsey, J.

As the circumstances under which defendant was indicted are factually indistinguishable from the circumstances under which the defendant in People v. Hodgdon , ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2019 WL 3021711 (decided herewith) was indicted, we affirm for the reasons set forth therein.

Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur. ORDERED that the order is affirmed.