People v. Koons (113 A.D.3d 1065, 2014)

Same memorandum as in People v Koons (113 AD3d 1063 [2014]).

All concur except Whalen, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v Koons (113 AD3d 1063 [2014]). Present — Smith, J.P., Peradotto, Garni, Valentino and Whalen, JJ.