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PEOPLE v. CABRERA

4665/04. 8353A. 8353.

169 A.D.3d 435 (2019)

93 N.Y.S.3d 298

2019 NY Slip Op 00976

The People of the State of New York, Appellant, v. Felix Cabrera, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 7, 2019.

Although the second order was denominated a denial of reargument, it is appealable because the court addressed the merits of the motion, in effect granting it, and expressly adhered to the original determination (see High Definition MRI, P.C. v Mapfre Ins. Co. of N.Y., 148 A.D.3d 470 [1st Dept 2017]). However, that appeal is rendered academic by our affirmance of the first order.

The court properly granted defendant's motion...

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