People v. Lozovsky

We respectfully dissent.

Taking issue with the majority’s assertion that “essentially the same contentions” were considered and rejected by this Court upon a codefendant’s earlier appeal (see, People v Anonymous, 262 AD2d 717, lv denied 93 NY2d 1013), we believe there are significant, operative differences between this defendant’s position, and the record support therefor, and that presented on his codefendant’s appeal. Moreover, there is absolutely no basis on which to assume that the prosecutor dealt with the codefendant in the same manner as with defendant herein. In this regard, we note…