869 N.E.2d 666, 838 N.Y.S.2d 490 People v. Kelly. Court of Appeals of the State of New York. May 22, 2007. Appeal from the 3d Dept: 37 AD3d 866 (Ulster). Ciparick, J. Applications in Criminal Cases for Leave to Appeal denied. Page 987 Tagged: 838 N.Y.S.2d 490869 N.E.2d 666