People v. Pallagi , 937 N.Y.2d 643 ( 2012 )

Same memorandum as in People v Pallagi (91 AD3d 1266 [2012]).

All concur except Scudder, PJ., who dissents and votes to modify in accordance with the same dissenting memorandum as in People v Pallagi (91 AD3d 1266 [2012]). Present — Scudder, PJ., Smith, Centra and Gorski, JJ.