People v. MacAna

84 N.Y.2d 173 (1994)

639 N.E.2d 13

615 N.Y.S.2d 656

The People of the State of New York, Respondent,

v.

Mark Macana, Appellant.

Court of Appeals of the State of New York.

Argued June 7, 1994.

Decided July 5, 1994.

Miriam J. Hibel, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Jonathan Leinheardt and Steven J. Chananie of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH and CIPARICK concur with Judge LEVINE; Judge TITONE dissents and votes to reverse in a separate opinion in which Judge SIMONS concurs.

LEVINE,…