People v. Jefferson

—On the Court’s own motion, its unpublished decision and order in the above-entitled action dated January 29, 2001, is recalled and vacated, and the following is substituted therefor:

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered February 21, *4341996, convicting him of manslaughter in the first degree, assault in the first degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, a new trial is ordered with respect to count five of the…