Motion for re-argument and other relief granted to the extent that, upon reargument, the memorandum and order entered March 14, 2008 (49 AD3d 1157 [2008]) is amended by deleting the word “defendant” from the second sentence of the second paragraph of the memorandum and substituting the words “the People.” Present—Scudder, P.J., Martoche, Centra, Fahey and Gorski, JJ.