People v. Mundo

99 N.Y.2d 55 (2002)

780 N.E.2d 522

750 N.Y.S.2d 837

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

JOSE MUNDO, Appellant.

Court of Appeals of the State of New York.

Argued October 10, 2002.

Decided November 19, 2002.

Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Alice Wiseman, Alan Gadlin and Eleanor J. Ostrow of counsel), for respondent.

Judges SMITH, LEVINE, ROSENBLATT and GRAFFEO concur with Judge WESLEY; Judge CIPARICK dissents and votes to reverse in a separate opinion in…