| People v Gelling |
| 2018 NY Slip Op 06459 [164 AD3d 1673] |
| September 28, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Joseph Gelling, Appellant. |
—Motion for reargument be and the same hereby is granted in part and, upon reargument, the memorandum and order entered July 25, 2018 (163 AD3d 1489 [2018]) is amended by deleting the phrase "second-story" from the second sentence of the ninth paragraph of the memorandum. Present—Whalen, P.J., Smith, Carni, NeMoyer and Troutman, JJ.