People v. Brancoccio

83 N.Y.2d 638 (1994)

634 N.E.2d 954

612 N.Y.S.2d 353

The People of the State of New York, Respondent,

v.

James Brancoccio, Appellant.

Court of Appeals of the State of New York.

Argued March 17, 1994.

Decided May 3, 1994.

Robert P. Hall-App, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Roseann B. MacKechnie of counsel), for respondent.

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

SMITH, J.