Appellate Division of the Supreme Court of the State of New York December 5, 2012 (People v. Perry)

The matter having been remitted to us for further proceedings in accordance with CPL 470.25 (2) (d) and 470.40 (2) (b), the facts have been considered and are determined to have been established. Eng, P.J., Mastro, Dillon and Sgroi, JJ., concur.