People v Barbieri (2011 NY Slip Op 52417(U))

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People v Barbieri (Joseph)

2011 NY Slip Op 52417(U) [34 Misc 3d 138(A)]

Decided on December 27, 2011

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected in part through July 19, 2012; it will not be published in the printed Official Reports.

Decided on December 27, 2011

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., NICOLAI and MOLIA, JJ
2010-2799 S CR.

Opinion withdrawn from on-line only publication at the direction of the court. The decision and order was recalled and vacated, and a new decision and order substituted therefor as the decision and order of the court (see 2012 NY Slip Op 79155[U]). It will be published at 2012 NY Slip Op 51322(U).