765 N.E.2d 307, 739 N.Y.S.2d 104 PEOPLE v. ELLIOTT Court of Appeals of the State of New York. January 23, 2002. Appeal from the App. Div., 4th Dept, Erie County, 11/9/01 Application in Criminal Cases for leave to appeal, denied 1/23/02 (Wesley, 4.) Tagged: 739 N.Y.S.2d 104765 N.E.2d 307