889 N.E.2d 88, 859 N.Y.S.2d 401 People v. Ocana. Court of Appeals of the State of New York. April 16, 2008. Appeal from the 1st Dept: 48 AD3d 252 (NY). Smith, J. Applications in Criminal Cases for Leave to Appeal denied. Tagged: 859 N.Y.S.2d 401889 N.E.2d 88