People v. Jenkins

98 N.Y.2d 280 (2002)

774 N.E.2d 716

746 N.Y.S.2d 651

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

KEVIN JENKINS, Appellant.

Court of Appeals of the State of New York.

Argued May 2, 2002.

Decided June 13, 2002.

Erica Horwitz, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Morgan J. Dennehy and Leonard Joblove of counsel), for respondent.

Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur with Judge SMITH; Chief Judge KAYE dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

SMITH, J.

The issue here is whether the trial…