Opinion
December 26, 1978
Motion by the People, inter alia, to resettle an order of this court, dated January 23, 1978, which determined an appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 1976. Motion denied. On the court's own motion, its decision and order, both dated January 23, 1978 (People v Smith, 60 A.D.2d 896), are vacated and recalled and the following substituted decision is rendered: Judgment of the Supreme Court, Queens County, rendered January 9, 1976, affirmed (see People v Jackson, 46 N.Y.2d 721; People v. Iannone, 45 N.Y.2d 589). Latham, J.P., Damiani, Cohalan and O'Connor, JJ., concur.