THE PEOPLE &C., RESPONDENT, v. HAROLD PALACIOS, APPELLANT.

79 N.Y.2d 897, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992).
February 25, 1992

2 No. 129 SSM 8
Decided February 25, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Todd D. Greenberg, for Appellant.
Submitted by Elizabeth Fox, for Respondent.

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On review of submissions pursuant to section 500.4 of the Rules, order reversed and case remitted to the Appellate Division, Second Department, for consideration of issues raised, but not passed upon on the appeal to that court. In this Court the People concede, with commendable candor, that they inadvertently misled the Appellate Division when discussing the facts of our recent decision in People v Correa (77 NY2d 930) and that, inasmuch as they failed to declare their readiness for trial in this case, it is indistinguishable from Correa and controlled by it. Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.

THE PEOPLE &C., RESPONDENT, v. HAROLD PALACIOS, APPELLANT.

79 N.Y.2d 897, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992). February 25, 1992

79 N.Y.2d 897, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992).
February 25, 1992