People v. Henry

Motion by the People for reargument of an appeal from a judgment of the County Court, Nassau County (Calabrese, J.), rendered March 5, 1997, which was decided by decision and order of this Court dated January 24, 2000.

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

Ordered that the motion is granted; and it is further,

Ordered that, upon reargument, the decision and order of this Court dated January 24, 2000 (268 AD2d 535), is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from a…