in the result only in a memorandum by Kupferman, J., as follows: See my concurrences in People v Ford (211 AD2d 438, 439) and People v Gonzalez (214 AD2d 308, 309 [decided herewith]).
in the result only in a memorandum by Kupferman, J., as follows: See my concurrences in People v Ford (211 AD2d 438, 439) and People v Gonzalez (214 AD2d 308, 309 [decided herewith]).