People v. Hicks

—An appeal having been taken from a judgment of Monroe County Court, entered September 17, 1999, convicting defendant upon his plea of guilty of rape in the first degree (two counts), and said judgment having been modified by order of this Court entered November 9, 2001, in a memorandum decision (288 AD2d 882), and the People of the State of New York on January 29, 2002 having been granted leave to appeal to the Court of Appeals from said order (97 NY2d 705), and the Court of Appeals on July 1, 2002 having reversed said order insofar as appealed from and remitted the case to this Court for…