Appellate Division of the Supreme Court of the State of New York June 30, 2017, Mot. 403/17 KA 16-01415 (People v. Massey)

Motion for reargument, and for other relief, granted in part and, upon reargument, the memorandum and order entered April 28, 2017 (140 AD3d 1524 [2016]) is amended by deleting the second sentence of the second paragraph of the memorandum and substituting the following sentences: “As a preliminary matter, that contention survives defendant’s waiver of the right to appeal

(see id.).