Challenges to the RAI have also been rejected by every other appellate decision to consider them. See e.g., People v. Bailey, 52 AD3d 336 (1st Dept 2008), lv denied11 NY3d 707;People v. Howard, 52 AD3d 273 (1st Dept 2008), lv denied,11 NY3d 706;People v. Pendergrast, 48 AD3d 356 (1st Dept 2008), lv denied,10 NY3d 714;People v. Woods, 45 AD3d 408 (1st Dept 2007), lv denied,10 NY3d704 (2008); People v. Hingel, 50 AD3d 501 (1st Dept 2008), lv denied,11 NY3d 702;People v. Marcus, 36 AD3d 468 (1st Dept 2007), lv denied,8 NY3d 811;People v. Flowers, 35 AD3d 690 (2d Dept 2006), lv denied,8 NY3d 810 (2007); People v. Joe, 26 AD3d 300 (1st Dept 2006), lv denied,7 NY3d 703;People v. Vasquez, 37 AD3d 193 (1st Dept 2007), lv denied,8 NY3d 812;People v. Miller, 36 AD3d 428 (1st Dept 2007), lv denied,8 NY3d 810;People v. Ramirez, 39 AD3d 404 (1st Dept 2007), lv denied,9 NY3d 804;People v. Wright, 36 AD3d 465 (1st Dept 2007); People v. O'Neal, 35 AD3d 302 (1st Dept 2006), lv denied,8 NY3d 809 (2007); People v. Wilson, 33 AD3d 488 (1st Dept 2006), lv denied,8 NY3d 804 (2007); People v. Mackie, 33 AD3d 490 (1st Dept 2006), lv denied,8 NY3d 804 (2007); People v. Chipp, 33 AD3d 508 (1st Dept 2006), lv denied,8 NY3d 804 (2007); People v. Guitard, 57 AD3d 751 (2d Dept 2008), lv denied,12 NY3d 704 (2009); People v. Washington, 47 AD3d 908 (2d Dept 2008), lv denied,10 NY3d 709;People v. Kraeger, 42 AD3d 944 (4th Dept 2007).
Challenges to the RAI have also been rejected by every other appellate decision to consider them. See e.g., People v. Bailey , 52 AD3d 336 (1st Dept 2008), lv denied 11 NY3d 707; People v. Howard , 52 AD3d 273 (1st Dept 2008), lv denied, 11 NY3d 706; People v. Pendergrast , 48 AD3d 356 (1st Dept 2008), lv denied, 10 NY3d 714; People v. Woods , 45 AD3d 408 (1st Dept 2007), lv denied, 10 NY3d 704 (2008); People v. Hingel , 50 AD3d 501 (1st Dept 2008), lv denied, 11 NY3d 702; People v. Marcus, 36 AD3d 468 (1st Dept 2007), lv denied, 8 NY3d 811; People v. Flowers , 35 AD3d 690 (2d Dept 2006), lv denied, 8 NY3d 810 (2007); People v. Joe , 26 AD3d 300 (1st Dept 2006), lv denied, 7 NY3d 703; People v. Vasquez , 37 AD3d 193 (1st Dept 2007), lv denied, 8 NY3d 812; People v. Miller , 36 AD3d 428 (1st Dept 2007), lv denied, 8 NY3d 810; People v. Ramirez , 39 AD3d 404 (1st Dept 2007), lv denied, 9 NY3d 804; People v. Wright , 36 AD3d 465 (1st Dept 2007); People v. O'Neal , 35 AD3d 302 (1st Dept 2006), lv denied, 8 NY3d 809 (2007); People v. Wilson , 33 AD3d 488 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Mackie , 33 AD3d 490 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Chipp , 33 AD3d 508 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Guitard , 57 AD3d 751 (2d Dept 2008), lv denied, 12 NY3d 704 (2009); People v. Washington, 47 AD3d 908 (2d Dept 2008), lv denied, 10 NY3d 709; Peoplev. Kraeger , 42 AD3d 944 (4th Dept 2007).
Challenges to the RAI have also been rejected by every other appellate decision to consider them. See e.g. People v. Bailey, 52 AD3d 336 (1st Dept 2008), lv denied 11 NY3d 707; People v. Howard, 52 AD3d 273 (1st Dept 2008), lv denied, 11 NY3d 706; People v. Pendergrast, 48 AD3d 356 (1st Dept 2008), lv denied, 10 NY3d 714; People v. Woods, 45 AD3d 408 (1st Dept 2007), lv denied, 10 NY3d704 (2008); People v. Hingel, 50 AD3d 501 (1st Dept 2008), lv denied, 11 NY3d 702; People v. Marcus,36 AD3d 468 (1st Dept 2007), lv denied, 8 NY3d 811; People v. Flowers, 35 AD3d 690 (2d Dept 2006), lv denied, 8 NY3d 810 (2007); People v. Joe, 26 AD3d 300 (1st Dept 2006), lv denied, 7 NY3d 703; People v. Vasquez, 37 AD3d 193 (1st Dept 2007), lv denied, 8 NY3d 812; People v. Miller, 36 AD3d 428 (1st Dept 2007), lv denied, 8 NY3d 810; People v. Ramirez, 39 AD3d 404 (1st Dept 2007), lv denied, 9 NY3d 804; People v. Wright, 36 AD3d 465 (1st Dept 2007); People v. O'Neal, 35 AD3d 302 (1st Dept 2006), lv denied, 8 NY3d 809 (2007); People v. Wilson, 33 AD3d 488 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Mackie, 33 AD3d 490 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Chipp, 33 AD3d 508 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Guitard, 57 AD3d 751 (2d Dept 2008), lv denied, 12 NY3d 704 (2009); People v. Washington,47 AD3d 908(2d Dept 2008), lv denied, 10 NY3d 709; People v. Kraeger, 42 AD3d 944 (4th Dept 2007.
Challenges to the RAI have also been rejected by every other appellate decision to consider them.See e.g. People v. Bailey , 52 AD3d 336 (1st Dept 2008), lv denied 11 NY3d 707; People v. Howard , 52 AD3d 273 (1st Dept 2008), lv denied, 11 NY3d 706; People v. Pendergrast , 48 AD3d 356 (1st Dept 2008), lv denied, 10 NY3d 714; People v. Woods , 45 AD3d 408 (1st Dept 2007), lv denied, 10 NY3d 704 (2008); People v. Hingel , 50 AD3d 501 (1st Dept 2008), lv denied, 11 NY3d 702; People v. Marcus, 36 AD3d 468 (1st Dept 2007), lv denied, 8 NY3d 811; People v. Flowers , 35 AD3d 690 (2d Dept 2006), lv denied, 8 NY3d 810 (2007); People v. Joe , 26 AD3d 300 (1st Dept 2006), lv denied, 7 NY3d 703; People v. Vasquez , 37 AD3d 193 (1st Dept 2007), lv denied, 8 NY3d 812; People v. Miller , 36 AD3d 428 (1st Dept 2007), lv denied, 8 NY3d 810; People v. Ramirez , 39 AD3d 404 (1st Dept 2007), lv denied, 9 NY3d 804;People v. Wright , 36 AD3d 465 (1st Dept 2007); People v. O'Neal , 35 AD3d 302 (1st Dept 2006), lv denied, 8 NY3d 809 (2007); People v.Wilson , 33 AD3d 488 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); Peoplev. Mackie , 33 AD3d 490 (1st Dept 2006), lv denied, 8 NY3d 804 (2007);People v. Chipp , 33 AD3d 508 (1st Dept 2006), lv denied, 8 NY3d 804 (2007); People v. Guitard , 57 AD3d 751 (2d Dept 2008), lv denied, 12 NY3d 704 (2009); People v. Washington, 47 AD3d 908 (2d Dept 2008), lv denied, 10 NY3d 709; People v. Kraeger , 42 AD3d 944 (4th Dept 2007.