| People v Almarez |
| 2005 NY Slip Op 07264 [21 AD3d 1438] |
| September 30, 2005 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, November 16, 2005 |
| The People of the State of New York, Respondent, v Richard Almarez, Appellant. |
—[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered June 10, 2005 amended by deleting the second independent clause of the last sentence of the memorandum. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ. [See 19 AD3d 1005.]