Majority
p. 573The People of the State of New York, Respondent, v David Jones, Appellant. [918 NYS2d 48]
— An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Carol Berkman, J.), rendered on or about September 10, 2008, 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 — Mazzarelli, J.P., Andrias, Catterson, Moskowitz and Román, JJ.