People v Darryl T. .

Motion No: M-3864

Slip Opinion No: 2018 NYSlipOp 85294(U)

Decided on October 4, 2018

Appellate Division, First 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.

October 4, 2018

The People of the State of New York,

Respondent,

v

Darryl T.,

Defendant-Appellant.

The People having moved for clarification, deemed a motion for reargument, of the decision and order of this Court, entered on March 29, 2018 (Appeal No. 5404), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and, upon reargument, the decision and order of this Court, entered on

March 29, 2018 (Appeal No. 5404), is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 5404 decided simultaneously herewith.) ENTERED: October 4, 2018

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Anil C. Singh, Justices

M-3864

Ind. No. 1311/13