¶1concurs in the result only, with the following memorandum, in which Kooper, J., concurs. I concur in the result as to the retroactive application of People v Nimmons (72 NY2d 830) on constraint of earlier cases decided by this court (see, e.g., People v Valle, 143 AD2d 160; People v Testaverde, 143 AD2d 208).
154 A.D.2d 634
People v. Taylor
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-10-23
Decided 1989-10-23