On the Court’s own motion, this Court’s decision of December 16, 2014 vacated [see 24 NY3d 1105 (2014)], remittitur recalled and when returned, it will be amended to read as follows: Appeal dismissed upon the ground that the criminal prosecution abated by reason of defendant’s death (see People v Ortiz, 77 NY2d 821 [1990]).
Judges Stein and Fahey taking no part.