People v. Gittens

Motion for resettlement is granted to the extent of recalling and vacating this Court’s unpublished decision and order entered on June 22, 1993 (Appeal No. 48887) and substituting therefor a new memorandum and decision as follows:

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered February 5, 1991, convicting the defendant, upon a jury verdict, of attempted assault in the second degree and criminal tampering in the second degree and sentencing him, as a predicate felon, to an indeterminate term of imprisonment of from 1% to 3 Vs years on the attempted assault count to…