THE PEOPLE C., RESPONDENT, v. RUDOLPH YOUNG, APPELLANT.

64.Court of Appeals of the State of New York.
May 9, 2006.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.

Judge G.B. Smith dissents and votes to reverse in an opinion.

Opinion by Judge R.S. SMITH.

Order affirmed.

THE PEOPLE C., RESPONDENT, v. RUDOLPH YOUNG, APPELLANT.

64.Court of Appeals of the State of New York.
May 9, 2006.

Chief Judge Kaye and Judges Ciparick, Rosenblatt, Graffeo and Read concur.

Judge G.B. Smith dissents and votes to reverse in an opinion.

Opinion by Judge R.S. SMITH.

Order affirmed.