Party Name:
The PEOPLE of the State of New York, Respondent, v. Michael SPICOLA, Appellant.
Attorney:
Lipsitz Green Scime Cambria, LLP, Buffalo (Paul J. Cambria, Jr., Roger W. Wilcox, Jr., and Timothy P. Murphy of counsel), for appellant. Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy and Donna A. Milling of counsel), for respondent.
Judge Panel:
Chief Judge LIPPMAN (dissenting). Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judges CIPARICK and JONES concur.
