People v. Rivera

16 N.Y.3d 654 (2011)

949 N.E.2d 964

926 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

v.

PETER RIVERA, Respondent.

No. 71

Court of Appeals of New York.

Argued March 22, 2011.

Decided May 3, 2011.

Janet DiFiore, District Attorney, White Plains (Hae Jin Liu, Lois Cullen Valerio and Richard Longworth Hecht of counsel), for appellant.

Janet A. Gandolfo, Sleepy Hollow, for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, READ and JONES concur with Judge SMITH; Judge GRAFFEO dissents in a separate opinion in which Judge PIGOTT concurs.

OPINION OF THE COURT

SMITH, J.

We hold that a driver whose…