People v. Fernandez

17 N.Y.3d 70 (2011)

2011 NY Slip Op 4540

950 N.E.2d 126

926 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

Marcos A. FERNANDEZ, Respondent.

No. 100.

Court of Appeals of New York.

Argued April 27, 2011.

Decided June 2, 2011.

D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb, of counsel), for appellant.

Cynthia Feathers, Saratoga Springs, for respondent.

Judges READ, SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge GRAFFEO dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

CIPARICK, J.

The issue raised by…