People v. Carmona

82 N.Y.2d 603 (1993)

627 N.E.2d 959

606 N.Y.S.2d 879

The People of the State of New York, Respondent,

v.

Elias Carmona, Appellant.

Court of Appeals of the State of New York.

Argued October 7, 1993.

Decided December 20, 1993.

Gary E. Eisenberg, Monroe, for appellant.

Carl A. Vergari, District Attorney of Westchester County, White Plains (Bruce Edward Kelly and Maryanne Luciano of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS and LEVINE concur with Judge TITONE; Judge SMITH concurs in result in a separate opinion in which Judges HANCOCK, JR., and BELLACOSA concur.

TITONE, J.

On March 15,…