Appellate Division of the Supreme Court of the State of New York January 3, 2014, Appeal No. 2 (People v. Koons)

Same memorandum as in People v Koons (113 AD3d 1063 [2014]).

All concur except Whalen, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v Koons (113 AD3d 1063 [2014]). Present — Smith, J.P., Peradotto, Garni, Valentino and Whalen, JJ.