| People v Pelczynski |
| 2005 NY Slip Op 04969 [19 AD3d 1181] |
| June 10, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, August 24, 2005 |
| The People of the State of New York, Respondent, v Daniel W. Pelczynski, Appellant. |
—[*1]Motion for reargument granted and, upon reargument, the order entered March 18, 2005 [16 AD3d 1181] is amended by deleting the second sentence of the first paragraph and substituting the following sentence: "The judgment imposed a sentence of imprisonment following the finding that defendant had failed to pay restitution as previously ordered." Present—Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.