People v. Carvajal

6 N.Y.3d 305 (2005)

845 N.E.2d 1225

812 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

ALVARO CARVAJAL, Appellant.

Court of Appeals of the State of New York.

Argued October 19, 2005.

Decided November 22, 2005.

Paul J. Angioletti, Staten Island, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Patricia Curran and Mark Dwyer of counsel), for respondent.

Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur with Chief Judge KAYE; Judge G.B. SMITH dissents in a separate opinion.

OPINION OF THE COURT

Chief Judge KAYE.

In this prosecution for first degree…