Party Name:
The PEOPLE of the State of New York, Respondent, v. Reynaldo CONCEPCION, Appellant.
Attorney:
[929 N.Y.S.2d 542] Appellate Advocates, New York City (John Gemmill and Lynn W.L. Fahey of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn (Thomas S. Burka and Leonard Joblove of counsel), for respondent.
Judge Panel:
SMITH, J. (dissenting). Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and JONES concur with Judge READ; Judge SMITH dissents and votes to affirm in a separate opinion in which Judge PIGOTT concurs.