People v. Kennedy

Motion by defendant for reargument of an order of this court dated August 1, 1977 (People v Kennedy, 59 AD2d 539), which determined an appeal from a judgment of the Supreme Court, Queens County, rendered April 16, 1975. Motion granted and, upon reargument, the decision and order of this court, both dated August 1, 1977, are vacated and recalled and the following substituted decision is rendered: Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 16, 1975, convicting him of murder, upon a jury verdict, and imposing sentence. Judgment reversed, on the law,…