PEOPLE v. GRAVINO

Attorney(s) appearing for the Case

Kathleen P. Reardon , Rochester, for appellant in the first above-entitled action.

Richard M. Healy , District Attorney, Lyons ( Christopher Bokelman , of counsel), for respondent in the first above-entitled action.

Kathleen B. Hogan , District Attorney, White Plains ( Steven A. Bender and Anthony J. Servino of counsel), for District Attorneys Association of the State of New York, amicus curiae in the first above-entitled action.

Goodell & Rankin, Jamestown ( R. Thomas Rankin , of counsel), for appellant in the second above-entitled action.

David W. Foley , District Attorney, Mayville ( Tracey A. Brunecz , of counsel), for respondent in the second above-entitled action.

Judges GRAFFEO, SMITH and PIGOTT concur with Judge READ; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.