Majority
p. 440The People of the State of New York, Respondent, v Wilfredo Cruz, Appellant. [915 NYS2d 512]
— An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Carol Berk-man, J.),. rendered on or about March 4, 2009, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed. Concur — Gonzalez, P.J., Saxe, Nardelli, Richter and Román, JJ.