
    The People of the State of New York, Respondent, v Hernando Burney, Appellant.
    [821 NYS2d 501]
   Motion for reargument granted and, upon reargument, the memorandum and order entered June 9, 2006 (30 AD3d 1082) is amended by deleting the text “, i.e., the mistaken belief that defendant was a second felony offender” from the first sentence of the memorandum. Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.  