Appellate Division of the Supreme Court of the State of New York July 16, 2009 (Hurrell-Harring v. State)

Peters, J.E (dissenting).

We respectfully dissent. Initially, while we agree that the majority has properly articulated our standard of review on this motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we do not believe that it has applied such standard and examined the instant claim in the proper light.