Opinion by Chief Judge Lippman. Judges Ciparick, Graffeo and Jones concur. Judge Pigott dissents and votes to affirm in an opinion in which Judges Read and Smith concur.
May 6, 2010; 66
Corey Stoughton, for appellant.
Barbara D. Underwood, for respondents.
District Attorneys Association of the State of New York; National Association of Criminal Defense Lawyers et al.; The Fund for Modern Courts; Michael A. Battle et al.; Legal Aid Society; New York State Defenders Association; Innocence Project, amici curiae.
