People v. Robles

86 N.Y.2d 763 (1995)

655 N.E.2d 172

631 N.Y.S.2d 131

The People of the State of New York, Appellant,

v.

Rafael Robles, Respondent.

Court of Appeals of the State of New York.

Argued June 7, 1995.

Decided July 6, 1995.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Stuart P. Levy, Joseph N. Ferdenzi and Allen H. Saperstein of counsel), for appellant.

Arthur H. Hopkirk, New York City, and Philip L. Weinstein for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA and LEVINE concur; Judge SMITH dissents and votes to affirm in an opinion in which Judge CIPARICK concurs.

MEMORANDUM.

T…