Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered January 3, 2014 (113 AD3d 1114 [2014]) is amended by deleting the fourth sentence of the memorandum. Present — Scudder, EJ., Fahey, Peradotto, Carni and Valentino, JJ.
The People of the State of New York, Respondent, v. Derick W. Barker, Appellant
115 A.D.3d 1275984 N.Y.S.2d 899
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