Party Name:
The PEOPLE of the State of New York, Appellant, v. Gilberto SOSA, Respondent.
Attorney:
[940 N.Y.S.2d 535]Cyrus R. Vance, Jr., District Attorney, New York City (David P. Stromes and Christopher P. Marinelli of counsel), for appellant. Center for Appellate Litigation, New York City (Barbara Zolot and Robert S. Dean of counsel), for respondent.
Judge Panel:
PIGOTT, J. (dissenting). [940 N.Y.S.2d 540] Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to reverse in a separate opinion in which Judges READ and SMITH concur.