
    [923 NE2d 582, 896 NYS2d 299]
    The People of the State of New York, Appellant, v Charles Zarate, Respondent.
    Decided February 11, 2010
    APPEARANCES OF COUNSEL
    
      Thomas J. Spota III, District Attorney, Riverhead (Thomas C. Costello of counsel), for appellant.
    
      Bassett & Bassett, P.C., Central Islip (Kerry Sloan Bassett 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 Price, 14 NY3d 61 [2010] [decided today]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  