
    [986 NE2d 436, 963 NYS2d 618]
    The People of the State of New York, Respondent, v Jose Rodriguez, Appellant.
    Decided March 21, 2013
    
      APPEARANCES OF COUNSEL
    
      Lynn W.L. Fahey, Appellate Advocates, New York City (Ellen Fried of counsel), for appellant.
    
      Charles J. Hynes, District Attorney, Brooklyn (Victor Barall 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 Norris, 20 NY3d 1068 [2013] [decided today]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith and Pigott. Taking no part: Judge Rivera.  