People v. Utenyshev

On the Court’s own motion, it is ordered that its unpublished decision and order dated April 12, 1999, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Leventhal, J.), rendered April 22, 1996, convicting him of murder in the second degree (two counts), sexual abuse in the first degree, attempted rape in the first degree, sodomy in the first degree, attempted sexual abuse in the first degree, assault in the second degree, criminal possession of a weapon in…