People v. Eastman

85 N.Y.2d 265 (1995)

648 N.E.2d 459

624 N.Y.S.2d 83

The People of the State of New York, Respondent,

v.

Cecilio Eastman, Appellant.

Court of Appeals of the State of New York.

Argued January 4, 1995

Decided February 21, 1995.

Toko Serita and Philip L. Weinstein, New York City, for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Shulamit Rosenblum, Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, SMITH and LEVINE concur with Judge CIPARICK; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

CIPARICK,…