People v. Moore

6 N.Y.3d 496 (2006)

847 N.E.2d 1141

814 N.Y.S.2d 567

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.

CALVIN MOORE, Appellant.

Court of Appeals of the State of New York.

Argued January 3, 2006.

Decided February 21, 2006.

Appellate Advocates, New York City (Sarah J. Berger and Lynn W.L. Fahey), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Diana Villanueva and Leonard Joblove of counsel), for respondent.

Judges G.B. SMITH, CIPARICK, GRAFFEO and READ concur with Chief Judge KAYE; Judge R.S. SMITH dissents and votes to affirm in a separate opinion in which Judge ROSENBLATT concurs.

OPINION…