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PEOPLE v. BECKWITH

303 A.D.2d 1054 (2003)

759 N.Y.S.2d 923

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BECKWITH, Appellant. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided March 21, 2003.

Motion for reargument granted and, upon reargument, the fourth sentence of the first paragraph of the memorandum (289 A.D.2d 956 [2001]) is deleted and the following sentence is substituted in its place: "Although the caseworker was called as a witness at trial, she was not a witness before the grand jury (see People v Litzenberger, 234 A.D.2d 947, 948 [1996]; cf. People v Sayavong,

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