People v. Butler

84 N.Y.2d 627 (1994)

644 N.E.2d 1331

620 N.Y.S.2d 775

The People of the State of New York, Appellant,

v.

Sidney Butler, Respondent.

Court of Appeals of the State of New York.

Argued October 18, 1994.

Decided December 13, 1994.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Maryanne Luciano and Richard L. Hecht of counsel), for appellant.

Jacqueline F. Oliva, White Plains, Stephen J. Pittari and Robert W. Stieve for respondent.

Chief Judge KAYE and Judges SIMONS, SMITH and CIPARICK concur with Judge BELLACOSA; Judge LEVINE dissents and votes to affirm in a separate opinion in which…