Majority
p. 1054The People of the State of New York, Respondent, v Mark Beckwith, Appellant. (Appeal No. 1.) [759 NYS2d 923]
—Motion for reargument granted and, upon reargument, the fourth sentence of the first paragraph of the memorandum ( 289 AD2d 956 [2001]) is deleted and the following sentence is substituted in its place: “Although the caseworker was called as a witness at trial, she was not a witness before the grand jury (see People v Litzenberger, 234 AD2d 947 , 948 [1996];. cf. People v Sayavong, 83 NY2d 702 [1994]).” Present — Pigott, Jr., P.J., Wisner, Hurlbutt, Kehoe, and Lawton, JJ.
Cases cited
- People v. Litzenberger 234 AD2d 947 at 948 p. 1054
- People v. Sayavong 83 NY2d 702 p. 1054