People v. Tolentino

14 N.Y.3d 382 (2010)

926 N.E.2d 1212

900 N.Y.S.2d 708

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

JOSE TOLENTINO, Also Known as JOSE R. TOLENTINO, Appellant.

No. 37

Court of Appeals of New York.

Argued February 10, 2010.

Decided March 30, 2010.

Legal Aid Society, New York City (Kristina Schwarz and Steven Banks of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City (Allen J. Vickey and Alan Gadlin of counsel), for respondent.

Judges GRAFFEO, SMITH, PIGOTT and JONES concur with Judge READ; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief…