¶1OPINION OF THE COURT
¶2On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed (see, People v Washington, 86 NY2d 189 [decided today]).
¶3Concur: Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick. Judge Titone dissents for the reasons stated in his dissenting opinions in People v Washington (86 NY2d 189 [decided today]) and People v Carpenter (85 NY2d 1016 [decided today]).