People v. Pena

Motion by the defendant for leave to reargue an appeal from a judgment of the Supreme Court, Richmond County, rendered July 19, 2012, which was determined by decision and order of this Court dated December 10, 2014.

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, upon reargument, the decision and order of this Court dated December 10, 2014 (.People v Pena, 123 AD3d 849 [2014]), is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from a judgment of…