PEOPLE v. BURGESS

2018-08188. Ind. No. 1568/16.

198 A.D.3d 808 (2021)

152 N.Y.S.3d 629

2021 NY Slip Op 05580

The People of the State of New York, Respondent, v. Jorge Burgess, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 13, 2021.


Attorney(s) appearing for the Case

Stacy Eves , Rockville Centre, NY, for appellant.

Joyce A. Smith , Acting District Attorney, Mineola, NY ( Jason R. Richards and John B. Latella of counsel), for respondent.

Rivera, J.P., Connolly, Brathwaite Nelson and Christopher, JJ., concur.


Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

Ordered that the motion is granted, and, upon reargument, the decision and order of this Court dated March 31, 2021 (People v Burgess, 192 A.D.3d 1136 [2021]) in the above-entitled action is recalled and vacated, and the following decision and order is substituted therefor:

Appeal by...

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