Ordered that the unpublished decision and order of this Court dated December 24, 2001, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered December 11, 2000, convicting him of manslaughter in the second degree, driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the third degree...
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