People v. McIntosh

96 N.Y.2d 521 (2001)

755 N.E.2d 329

730 N.Y.S.2d 265

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

RAWLE McINTOSH, Appellant.

Court of Appeals of the State of New York.

Argued April 25, 2001.

Decided June 28, 2001.

Eugene P. Devine, Public Defender of Albany County, Albany (Shannon K. Geraty of counsel), for appellant.

Paul A. Clyne, District Attorney of Albany County, Albany (Kimberly A. Mariani of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY and ROSENBLATT concur with Judge GRAFFEO; Judge SMITH concurs in result in a separate opinion.

OPINION OF THE COURT

GRAFFEO,…