People v. Rojas

97 N.Y.2d 32 (2001)

760 N.E.2d 1265

735 N.Y.S.2d 470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

ENRIQUE ROJAS, Appellant.

Court of Appeals of the State of New York.

Argued September 12, 2001.

Decided October 25, 2001.

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for appellant.

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Mark Moody and James P. Maxwell of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and GRAFFEO concur with Judge ROSENBLATT; Judge SMITH dissents in a separate opinion.

OPINION OF THE COURT

ROSENBLATT…