People v. Garson

6 N.Y.3d 604 (2006)

848 N.E.2d 1264

815 N.Y.S.2d 887

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

GERALD GARSON, Respondent.

Court of Appeals of the State of New York.

Argued February 7, 2006.

Decided March 30, 2006.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove, Seth M. Lieberman and Victor Barall of counsel), for appellant.

White & White, New York City (Diarmuid White and Brendan White of counsel), and Ronald P. Fischetti for respondent.

Chief Judge KAYE and Judges ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Judge CIPARICK; Judge G.B. SMITH dissents in part and votes to…