Majority
p. 326People v Fernando Matos. [644 NYS2d 966]
Motion deemed to be a motion for reargument, and said motion is granted to the extent of vacating this Court’s unpublished decision and order entered on April 23, 1996 (Appeal No. 57624) and the appeal is dismissed as abated by defendant-appellant’s death, and the matter is remanded to the trial court for purpose of vacatur of the judgment of conviction. Concur— Murphy, P. J., Sullivan, Ellerin, Nardelli and Mazzarelli, JJ.