| People v Kevin Gilmour. |
| Motion No: 101363 |
| Slip Opinion No: 2009 NYSlipOp 63385(U) |
| Decided on February 4, 2009 |
| Appellate Division, Third Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Decided and Entered: February 4, 2009
Case #
101363
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v Appellant. | DECISION AND ORDER ON MOTION |
Motion for reargument.
Upon the papers filed in support of the motion and the papers filed in opposition
thereto, it is
ORDERED that the motion is granted, without costs, and the memorandum and order decided and entered November 6,
2008 is vacated and the following memorandum and order is substituted therefor.
MERCURE, J.P., PETERS, LAHTINEN, KANE and
MALONE JR., JJ., concur.
ENTER:
Michael J. Novack
Clerk of the Court