People v. Pichardo

1 N.Y.3d 126 (2003)

802 N.E.2d 141

769 N.Y.S.2d 791

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

JUAN CARLOS PICHARDO, Appellant.

Court of Appeals of the State of New York.

Argued October 23, 2003.

Decided December 2, 2003.

Legal Aid Society Criminal Appeals Bureau, New York City (Deepa Rajan and Andrew C. Fine of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Cynthia J. Pree and Joseph N. Ferdenzi of counsel), for respondent.

Judges CIPARICK, ROSENBLATT and READ concur with Chief Judge KAYE; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judge…