| People v Burney |
| 2006 NYSlipOp 07092 |
| September 29, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 08, 2006 |
| The People of the State of New York, Respondent, v Hernando Burney, Appellant. |
—[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered June 9, 2006 (30 AD3d 1082) is amended by deleting the text ", i.e., the mistaken belief that defendant was a second felony offender" from the first sentence of the memorandum. Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.