778 N.E.2d 560, 749 N.Y.S.2d 9 PEOPLE v. McCARTHY Court of Appeals of the State of New York. Decided April 1, 2002. Appeal from the App. Div., 2d Dept., Queens County, 4/1/02. Kaye, Ch. J. Applications in criminal cases for leave to appeal, denied 8/29/02. Tagged: 749 N.Y.S.2d 9778 N.E.2d 560