People v. Cruz

14 N.Y.3d 814 (2010)

927 N.E.2d 542

901 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

ANGEL L. CRUZ, Appellant.

No. 52.

Court of Appeals of New York.

Argued February 18, 2010.

Decided April 6, 2010.

Timothy P. Donaher, Public Defender, Rochester (James Eckert of counsel), for appellant.

Michael C. Green, District Attorney, Rochester (Stephen X. O'Brien of counsel), for respondent.

Judges GRAFFEO, READ, SMITH and PIGOTT concur in memorandum;

Chief Judge LIPPMAN concurs in result in an opinion in which Judges CIPARICK and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the…