Upon the papers filed in support of the motion and the papers filed in relation thereto, it is,
Ordered that the motion is granted, and upon reargument, the decision and order of this Court dated February 23, 2004, 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 (McKay, J.), rendered December 20, 2001, convicting him of rape in the first degree...
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