People v. Reyes (16 A.D.3d 1179, 2005)

— Motion for reargument granted and, upon reargument, the memorandum and order entered February 4, 2005 (15 AD3d 868 [2005]), is amended by deleting the fifth and sixth sentences from the last paragraph of the memorandum. Present — Hurlbutt, J.P., Kehoe, Gorski, Pine and Hayes, JJ.