774 N.E.2d 233, 746 N.Y.S.2d 468 PEOPLE v. NEWBY Court of Appeals of the State of New York. Decided June 17, 2002. Appeal from the Appellate Division, 2d Dept, Kings County, 2/11/02. Ciparick, J. Application in criminal cases for leave to appeal denied. Tagged: 746 N.Y.S.2d 468774 N.E.2d 233