Appellate Division of the Supreme Court of the State of New York October 1, 2004 (People v. Afrika)

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.