728 N.E.2d 989 People v. Pena. Court of Appeals of the State of New York. Decided February 4, 2000. Appeal from the App. Div., 4th Dept., Erie County, 10/1/99. APPLICATIONS IN CRIMINAL CASES FOR LEAVE TO APPEAL. Denied 2/4/00, (Rosenblatt, J.). Tagged: 728 N.E.2d 989