710 N.E.2d 1102, 665 N.Y.S.2d 187 PEOPLE v. McDERMOTT Court of Appeals of the State of New York. Decided February 22, 1999 Appeal from App. Div., 4th Dept. Orleans County, 11/19/97. APPLICATIONS IN CRIMINAL CASES FOR LEAVE TO APPEAL. Denied 2/22/99, (Bellacosa, J.).