Majority
p. 1275The People of the State of New York, Respondent, v Derick W. Barker, Appellant. (Appeal No. 2.) [984 NYS2d 899]
Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered January 3, 2014 ( 113 AD3d 1114 [2014]) is amended by deleting the fourth sentence of the memorandum.
Present — Scudder, EJ., Fahey, Peradotto, Carni and Valentino, JJ.