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The People of the State of New York v. Mark Beckwith
—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.