Opinion
02-12-2015
Opinion
Reported below, 114 A.D.3d 1290, 980 N.Y.S.2d 653.
On the Court's own motion, this Court's decision of December 16, 2014 vacated [see 24 N.Y.3d 1105, 2 N.Y.S.3d 414, 26 N.E.3d 242 (2014) ], remittitur recalled and when returned, it will be amended to read as follows: Appeal dismissed upon the ground that the criminal prosecution abated by reason of defendant's death (see People v. Ortiz, 77 N.Y.2d 821, 566 N.Y.S.2d 580, 567 N.E.2d 974 [1990] ).
Judges STEIN and FAHEY took no part.