765 N.E.2d 311, 739 N.Y.S.2d 108 PEOPLE v. PHILLIPS Court of Appeals of the State of New York. January 9, 2002. Appeal from the App. Div., 3d Dept, Warren County, 10/23/01 Application in Criminal Cases for leave to appeal, dismissed 1/9/02 (Ciparick, J.) Tagged: 739 N.Y.S.2d 108765 N.E.2d 311