People v. Simmons

92 N.Y.2d 829 (1998)

699 N.E.2d 417

677 N.Y.S.2d 58

The People of the State of New York, Respondent,

v.

Colleen Simmons, Appellant.

Court of Appeals of the State of New York.

Argued April 29, 1998

Decided June 9, 1998.

Gleason, Dunn, Walsh & O'Shea, Albany (Ronald G. Dunn and Michael P. Ravalli of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (Christopher D. Horn of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the County…