People v. Zimmerman

9 N.Y.3d 421 (2007)

881 N.E.2d 193

851 N.Y.S.2d 97

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

JAMES ZIMMERMAN, Respondent.

Court of Appeals of the State of New York.

Argued October 9, 2007.

Decided December 13, 2007.

Andrew M. Cuomo, Attorney General, New York City (Roseann B. MacKechnie and Barbara D. Underwood of counsel), for appellant.

Steven R. Kartagener, New York City, and Thomas Fitzpatrick for respondent.

Chief Judge KAYE and Judges SMITH and JONES concur with Judge CIPARICK; Judge READ dissents in a separate opinion in which Judges GRAFFEO and PIGOTT concur.

OPINION OF THE COURT

CIPARICK,…