874 N.E.2d 758, 842 N.Y.S.2d 791 People v. Mercer. Court of Appeals of the State of New York. August 10, 2007. Appeal from the 4th Dept: 38 AD3d 1367 (Oneida). Read, J. Applications in Criminal Cases for Leave to Appeal Denied. Tagged: 842 N.Y.S.2d 791874 N.E.2d 758