People v. Afrika , 782 N.Y.S.2d 390 ( 2004 )

Motion for reargument granted and, upon reargument, the memorandum and order entered July 9, 2004 [9 AD3d 876] is amended by deleting the first three sentences of the last paragraph of the memorandum. Present—Pine, J.P., Hurlbutt, Gorski and Lawton, JJ.