Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Ordered that the motion is granted, the decision and order of this Court dated April 28, 1997 is recalled and vacated, and the following decision and order is substituted therefor:
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Berke, J.), rendered November 16, 1994, as amended November 22, 1994, convicting him of robbery in the first...
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