People v. Franklin

Motion by the People for reargument of an appeal from a judgment of the County Court, Suffolk County, rendered March 27, 1986, which was determined by decision and order (one paper) of this court, dated December 7, 1987 [135 AD2d 558].

Justice Kunzeman has been substituted for former Justice Niehoff (22 NYCRR 670.2 [c]).

Now on the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is granted, the decision and order of this court dated December 7, 1987 is recalled and vacated, and upon reargument, the following is substituted therefor.

A…