Opinion
KA 04-02081.
September 29, 2006.
Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.
Motion for reargument granted and, upon reargument, the memorandum and order entered June 9, 2006 ( 30 AD3d 1082) is amended by deleting the text ", i.e., the mistaken belief that defendant was a second felony offender" from the first sentence of the memorandum.