947 N.E.2d 1204, 923 N.Y.S.2d 425 People v. Tolbert. Court of Appeals of the State of New York. April 21, 2011. Appeal from the 1st Dept: 81 AD3d 455 (NY). Graffeo, J. Applications in Criminal Cases for Leave to Appeal denied. Tagged: 923 N.Y.S.2d 425947 N.E.2d 1204