
    The People of the State of New York, Respondent, v Christopher Wheeler, Appellant.
    (Appeal No. 2.)
    [852 NYS2d 874]
   Same memorandum as in People v Wheeler (49 AD3d 1230 [2008]). Present — Scudder, P.J., Hurlbutt, Lunn, Pine and Gorski, JJ.  