People v. Bryant

Motion for reargument granted, and, upon reargument, the resettled order of this court entered on October 6,1981, and the memorandum decision of this court filed therewith (84 AD2d 506) are recalled and vacated and a new order and an opinion Per Curiam substituted therefor.

At about 3:30 a.m. on November 16, 1978, the complaining witness, one “Lyles”, a limousine driver, received a call from his dispatcher to pick up a Mr. Butler. He drove to the designated location, where the defendant identified himself as Butler and entered the automobile. Lyles requested payment of the fare in advance, in…