765 N.E.2d 310, 739 N.Y.S.2d 107 PEOPLE v. KEMPSEY Court of Appeals of the State of New York. January 22, 2002. Appeal from the App. Div., 2d Dept, Queens County, 9/24/01 Application in Criminal Cases for leave to appeal, denied 1/22/02 (Ciparick, J.) Tagged: 739 N.Y.S.2d 107765 N.E.2d 310