People v. Damiano

87 N.Y.2d 477 (1996)

663 N.E.2d 607

640 N.Y.S.2d 451

The People of the State of New York, Appellant-Respondent,

v.

Jeffrey Damiano, Respondent-Appellant.

Court of Appeals of the State of New York.

Argued October 26, 1995

Decided January 16, 1996.

Michael Kavanagh, District Attorney of Ulster County, Kingston (Joan Gudesblatt Lamb of counsel), for appellant-respondent.

Paul J. Connolly, Albany, for respondent-appellant.

Chief Judge KAYE and Judges SIMONS, TITONE and SMITH concur with Judge CIPARICK; Judge SIMONS concurs in a separate concurring opinion; Judge LEVINE concurs in Judge CIPARICK'S opinion on…