People v. Smith

OPINION OF THE COURT

Kenneth L. Gartner, J.

*668The defendant moves to reargue the prior decision of this court, published at 8 Misc 3d 441 (Nassau Dist Ct 2005), which denied the defendant’s motion to preclude the People from offering testimony at trial regarding the identification made by the complaining witness of the defendant.

Because the prior decision was itself one in which this court sustained on reargument the earlier denial of preclusion by a prior judge of this court, this court would under normal circumstance summarily reject an attempt by defendant at a “third bite of the apple.”…