Opinion
2014-03-21
The PEOPLE of the State of New York, Respondent, v. Derick W. BARKER, Defendant–Appellant. (Appeal No. 2.)
Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered January 3, 2014 (113 A.D.3d 1114, 977 N.Y.S.2d 653) is amended by deleting the fourth sentence of the memorandum. SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, and VALENTINO, JJ, concur.