710 N.E.2d 1102, 682 N.Y.S.2d 22 PEOPLE v. NIEVES Court of Appeals of the State of New York. Decided February 15, 1999 Appeal from App. Div., 1st Dept, N.Y. County, 12/1/98. APPLICATIONS IN CRIMINAL CASES FOR LEAVE TO APPEAL. Denied 2/15/99, (Wesley, J.). Page 856