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PEOPLE v. HOLMES

220 A.D.2d 109 (1996)

645 N.Y.S.2d 115

The People of the State of New York, Respondent, v. David Holmes, Also Known as Eddie Estalo, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1996

Attorney(s) appearing for the Case

Robert M. O'Leary, Public Defender of Broome County, Binghamton (William L. Brown of counsel), for appellant.

Gerald F. Mollen, District Attorney of Broome County, Binghamton (Carol A. Cocchiola of counsel), for respondent.

CARDONA, P. J., CREW III and YESAWICH JR., JJ., concur with CASEY, J.; MIKOLL, J., dissents in a separate opinion.

CASEY, J.

Relying upon the general rule that a juvenile cannot be prosecuted for the crime of bail jumping (see, Matter of Natasha C., 80 N.Y.2d 678; Matter of John D., 186 A.D.2d 564), defendant argues that his bail jumping conviction should be reversed because he was a juvenile when he was admitted to bail in the underlying...

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