883 N.E.2d 1265, 854 N.Y.S.2d 330 People v. Montefusco. Court of Appeals of the State of New York. February 19, 2008. Appeal from the 2d Dept: 45 AD3d 700 (Suffolk). Smith, J. Applications in Criminal Cases for Leave to Appeal, denied. Tagged: 854 N.Y.S.2d 330883 N.E.2d 1265