People v. Packer

10 N.Y.3d 915 (2008)

892 N.E.2d 385

862 N.Y.S.2d 321

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

ANDREW PACKER, Respondent.

Court of Appeals of the State of New York.

Decided June 25, 2008.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Sheryl Feldman of counsel), for appellant.

Legal Aid Society, New York City (Ellen Dille of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The court's determination—that defendant's consent…