People v Marcelino Allende

Motion No: M-5305

Slip Opinion No: 2019 NYSlipOp 60530(U)

Decided on January 10, 2019

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.

January 10, 2019

The People of the State of New York,

Respondent,

v

Marcelino Allende,

Defendant-Appellant.

Defendant-appellant having moved for reargument of the decision and order of this Court, entered on October 18, 2018 (Appeal No. 7219), 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 October 18, 2018 (Appeal No. 7219), is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 7219, decided simultaneously herewith.)ENTERED: January 10, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Marcy L. Kahn Cynthia S. Kern Peter H. Moulton,Justices

M-5305

Ind. No. 3597/15