| People v Diggs |
| 2005 NY Slip Op 07275 [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 Alphonso M. Diggs, Jr., Appellant. |
—[*1]Motion for reargument granted and, upon reargument, the memorandum and order entered June 10, 2005 amended by deleting the phrase "several years earlier" from the third sentence of the first paragraph of the memorandum and substituting the phrase "upon an earlier arrest." Present—Pigott, Jr., P.J., Green, Gorski, Martoche and Smith, JJ. [See 19 AD3d 1098.]