People v. Duggins

3 N.Y.3d 522 (2004)

821 N.E.2d 942

788 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

SIMEON DUGGINS, Appellant.

Court of Appeals of the State of New York.

Argued October 14, 2004.

Decided December 2, 2004.

Warren S. Landau, New York City, and Lynn W.L. Fahey for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Victor Barall and Leonard Joblove of counsel), for respondent.

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

OPINION OF THE COURT

R…