Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
Ordered that the motion is granted, the unpublished decision and order of this Court dated January 29, 1996, is recalled and vacated, and the following is substituted therefor:
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered August 24, 1992, convicting him of manslaughter in the second degree, unlawful imprisonment...
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