People v. Holmes

81 N.Y.2d 1056 (1993)

619 N.E.2d 396

601 N.Y.S.2d 459

The People of the State of New York, Appellant,

v.

David Holmes, Respondent.

Court of Appeals of the State of New York.

Argued April 29, 1993.

Decided June 15, 1993.

Robert M. Morgenthau, District Attorney of New York County, New York City (David J. Mudd and Mark Dwyer of counsel), for appellant.

Beverly Van Ness, New York City, and Philip L. Weinstein for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur; Judge BELLACOSA dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division…