Opinion
2012-11-9
The PEOPLE of the State of New York, Respondent, v. Brandon BIBBES, Defendant–Appellant.
Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered September 28, 2012 (98 A.D.3d 1267, 951 N.Y.S.2d 607) is amended by deleting the first sentence of the fourth paragraph of the memorandum and substituting the following sentence: “We reject defendant's further contention that Supreme Court erred in permitting a prosecution witness to testify that, on the day after the incident, defendant told her that he would ‘cap [the victim] and her daughter’ because he would not go to jail for a crime he did not commit, and that defendant then pulled up his shirt and revealed ‘like a little gun or something like that in his waist.’ ”