| People v Carter |
| 2012 NY Slip Op 07559 [100 AD3d 1472] |
| November 9, 2012 |
| Appellate Division, Fourth Department |
| As corrected through Wednesday, December 26, 2012 |
| As corrected through Wednesday, December 26, 2012 |
| The People of the State of New York, Respondent, v DarnellCarter, Appellant. |
—[*1]Motion for reargument of the appeal is granted and,upon reargument, the memorandum and order entered June 15, 2012 (96 AD3d 1520 [2012]) isamended by deleting the ordering paragraph and substituting the following ordering paragraph,"It is hereby ordered that the judgment so appealed from is affirmed," and by deleting the thirdparagraph of the memorandum and substituting the following paragraph, "The sentence is notunduly harsh or severe." Present—Scudder, P.J., Smith, Sconiers and Martoche, JJ.
