756 N.E.2d 91, 730 N.Y.S.2d 803 PEOPLE v. PENA Court of Appeals of the State of New York. Decided July 2, 2001. Appeal from the Appellate DivisionApp Div, 1st Dept, NY County, 4/26/01. Levine, J. Application in crimimal cases for leave to appeal denied. Tagged: 730 N.Y.S.2d 803756 N.E.2d 91