People v. Mitchell

— By order of this court dated May 21, 1979 (see, People v Mitchell, 70 AD2d 789), this court affirmed a judgment of the Supreme Court, Kings County (Tsoucalas, J.), rendered March 31, 1977, convicting defendant of murder in the second degree and criminal possession of a *745weapon in the second degree, upon a jury verdict, and imposing sentence. By order of this court dated June 22, 1981 defendant’s motion for reargument was granted.

Upon reargument, this court adheres to its original determination.

Defendant’s conviction and sentence for the murder of Charles Freeman, Jr., on August 30, 1975, has…