
    [947 NE2d 1188, 923 NYS2d 409]
    The People of the State of New York, Respondent, v Rolando Herrera, Appellant.
    Decided May 5, 2011
    
      APPEARANCES OF COUNSEL
    
      Bronx Defenders, Bronx (Matthew Caldwell and Robin S. Steinberg of counsel), for appellant.
    
      Robert T. Johnson, District Attorney, Bronx (Stanley R. Kaplan of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed (see People v Fernandez, 16 NY3d 596 [2011] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez (16 NY3d 596, 603 [2011] [decided today]).  