People v. Boyer

6 N.Y.3d 427 (2006)

846 N.E.2d 461

813 N.Y.S.2d 31

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

JOHN BOYER, Appellant.

Court of Appeals of the State of New York.

Argued February 9, 2006.

Decided March 28, 2006.

Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alan Gadlin and Mark Dwyer of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur with Chief Judge HAYE: Judge R.S. SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge…