Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
Ordered that the motion is denied; and it is further,
Ordered that the cross motion is granted, the unpublished decision and order of this Court dated December 29, 1995, is recalled and vacated, and the following is substituted therefor:
Appeal from a judgment of the County Court, Nassau County (Harrington, J.), rendered May 18, 1993, convicting...
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