Appellate Division of the Supreme Court of the State of New York October 28, 2010 (People v. Henderson)

Motion to modify decision and order entered June 17, 2010. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ordered that the motion is granted and the decretal paragraph of the decision and order is deleted and the following substituted in its place: Ordered that the judg*1169ment is reversed, on the law, matter remitted to the County Court of