883 N.E.2d 1265, 854 N.Y.S.2d 330 People v. Merriman. Court of Appeals of the State of New York. February 20, 2008. Appeal from the 2d Dept: 44 AD3d 879 (Suffolk). Ciparick, J. Applications in Criminal Cases for Leave to Appeal, denied. Tagged: 854 N.Y.S.2d 330883 N.E.2d 1265