People v. Franov

17 N.Y.3d 58 (2011)

2011 NY Slip Op 3889

950 N.E.2d 473

926 N.Y.S.2d 840

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

Robert FRANOV, Respondent.

No. 83.

Court of Appeals of New York.

Argued March 24, 2011.

Decided May 10, 2011.

Richard A. Brown District Attorney, Kew Gardens (Linda Cantoni and John M. Castellano of counsel), for appellant.

Judah Maltz, Kew Gardens, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK and READ concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate concurring opinion; Judge JONES dissents and votes to affirm in another opinion in which Judge PIGOTT…