Majority
p. 881[947 NE2d 1188, 923 NYS2d 409] The People of the State of New York, Respondent, v Rolando Herrera, Appellant. Decided May 5, 2011
p. 882
APPEARANCES OF COUNSEL
Bronx Defenders, Bronx (Matthew Caldwell and Robin S. Steinberg of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed (see People v Fernandez, 16 NY3d 596 [2011] [decided today]).
Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez ( 16 NY3d 596 , 603 [2011] [decided today]).
Cases cited
- People v. Brannon 16 NY3d 596 at 603 p. 882