Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Ordered that the motion is denied; and it is further,
Ordered that on the Court's own motion its unpublished decision and order dated April 13, 1998, is recalled and vacated and the following is substituted therefor:
Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered April 5, 1993, convicting him of murder...
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