| People v Fitzgerald, Casey |
| Motion No: 2012-00638 |
| Slip Opinion No: 2020 NY Slip Op 64895(U) |
| Decided on March 18, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M270416
kbp/
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-00638 The People, etc., respondent, v Casey Fitzgerald, appellant. (Ind. No. 1527/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to reargue an appeal from a judgment of the Supreme Court, Nassau County, rendered January 17, 2012, which was determined by decision and order of this Court dated August 6, 2014.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent of modifying the decision and order of this Court dated August 6, 2014 (120 AD3d 506), by deleting from the sixth paragraph thereof the words "acted recklessly in repeatedly shooting the victim" and substituting therefor the words "acted recklessly in repeatedly shooting at the victim," and the motion is otherwise denied.
MASTRO, J.P., AUSTIN, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court