People v. Voliton

83 N.Y.2d 192 (1994)

630 N.E.2d 641

608 N.Y.S.2d 945

The People of the State of New York, Respondent,

v.

Edward Voliton, Appellant.

Court of Appeals of the State of New York.

Argued January 6, 1994.

Decided February 22, 1994.

Monroe A. Semble and John F. Middlemiss, Jr., Riverhead, for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Karen Petterson of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, BELLACOSA and CIPARICK concur with Judge LEVINE; Judge SMITH dissents and votes to reverse in a separate opinion; Judge TITONE taking no part.

LEVINE, J.

After…