New York Supreme and/or Appellate Courts Appellate Division, Fourth Department
November 9, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
BRANDON BIBBES, DEFENDANT-APPELLANT.
People v Bibbes
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on November 9, 2012
MOTION NO. (922/12)
MEMORANDUM AND ORDER
Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered
September 28, 2012 (98 AD3d 1267) is amended by deleting the first sentence of the fourth paragraph of the memorandum and
substituting the following sentence: "We reject defendant's further contention that Supreme Court erred in permitting a prosecution
witness to testify that, on the day after the incident, defendant told her that he would cap [the victim] and her daughter' because
he would not go to jail for a crime he did not commit, and that defendant then pulled up his shirt and revealed like a little gun or
something like that in his waist.' "
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ. (Filed Nov. 9, 2012.)
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