People v. Simmons

Motion for reargument of an appeal from a judgment of the County Court, Nassau County *154(Harrington, J.), rendered February 1, 1980, which was decided by decision and order of this court, both dated April 4, 1983 (see, People v Simmons, 93 AD2d 1005).

Ordered that the motion is granted, and, upon reargument, the decision and order of this court, both dated April 4, 1983, are recalled and vacated, and the following decision and order are substituted therefor:

Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered February 1, 1980, convicting him of…