Ordered that the judgment, as modified by the decision and order of this Court dated June 24, 2002, and by the opinion of the Court of Appeals dated June 10, 2003, is affirmed.
The Court of Appeals remitted the matter to this Court, in effect, pursuant to CPL 470.25 (2) (d) and 470.40 (2) (b), for consideration of the facts. However, as the defendant has not raised any issues of fact or contended that the jury verdict was against the weight of the evidence, we decline...
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