912 N.E.2d 1084, 884 N.Y.S.2d 703 People v. Whitley. Court of Appeals of the State of New York. June 30, 2009. Appeal from the 1st Dept: 61 AD3d 423 (NY). Ciparick, J. Applications in Criminal Cases for Leave to Appeal denied. Tagged: 884 N.Y.S.2d 703912 N.E.2d 1084