People v Salvador Fernandez .

Motion No: M-1296

Slip Opinion No: 2020 NYSlipOp 69278(U)

Decided on July 30, 2020

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.

July 30, 2020

The People of the State of New York,

Respondent,

v

Salvador Fernandez,

Defendant-Appellant.

Defendant-appellant having moved for reargument of the decision and order of this Court, entered on February 18, 2020 (Appeal No. 11053), 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 February 18, 2020 (Appeal No. 11053), is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 11053, decided simultaneously herewith.)ENTERED: July 30, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Barbara R. Kapnick Peter H. Moulton Lizbeth GonzÁlez, Justices

M-1296

Ind. Nos. 2344N/11 3493//11