People v Herrera
2011 NY Slip Op 03678 [16 NY3d 881]
May 5, 2011
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 8, 2011


[*1]
The People of the State of New York, Respondent,
v
Rolando Herrera, Appellant.

Decided May 5, 2011

People v Herrera, 76 AD3d 891, affirmed.

APPEARANCES OF COUNSEL

Bronx Defenders, Bronx (Matthew Caldwell and Robin S. Steinberg of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for respondent.

{**16 NY3d at 875} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed (see People v Fernandez, 16 NY3d 596 [2011] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez (16 NY3d 596, 603 [2011] [decided today]).