Majority
p. 1179The People of the State of New York, Respondent, v Angel Reyes, Appellant. [790 NYS2d 909]
— 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.