| People v Van Dyne |
| 2005 NY Slip Op 00917 |
| Decided on February 4, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on February 4, 2005
MOTION NO. (1279/04) KA 99-05505.
[*1]PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT,
v
DAVID VAN DYNE, DEFENDANT-APPELLANT. -
Motion for reargument granted and, upon reargument, the opinion and order entered November 19, 2004 is amended by deleting the first sentence of the penultimate paragraph of the opinion by Pine, J.
PRESENT: PIGOTT, JR., P.J., GREEN, PINE, HURLBUTT, AND SCUDDER, JJ. (Filed Jan. 14, 2005.)