765 N.E.2d 312, 739 N.Y.S.2d 109 PEOPLE v. GARY RODRIGUEZ Court of Appeals of the State of New York. January 16, 2002. Appeal from the App. Div., 1st Dept, N.Y. County, 10/16/01 Application in Criminal Cases for leave to appeal, denied 1/16/02 (Levine, J.) Tagged: 739 N.Y.S.2d 109765 N.E.2d 312