• Court of Appeals, New York County
  • 44 AD3d 515
  • Chief Judge Kaye and Judges Ciparick, Graffeo and Read concur in memorandum; Judge Jones dissents in part and votes to affirm in an opinion in which Judges Smith and Pigott concur.
  • For Plaintiff: For appellant-respondent: Robert M. Morgenthau, District Attorney, New York City, Patrick J. Hynes and Hilary Hassler of counsel.
  • For Defendant: For respondent-appellant: Legal Aid Society Criminal Appeals Bureau, New York City, Steven Banks, Andrew Fine and John Schoeffel of counsel, and Kaye Scholer LLP, Max R. Schwartz, Michael A. Rogoff, Paula R. Ramer and John S. Cahalan of counsel