
    The People of the State of New York, Respondent, v Richard Almarez, Appellant.
    [801 NYS2d 549]
   Motion for reargument granted and, upon reargument, the memorandum and order entered June 10, 2005 amended by deleting the second independent clause of the last sentence of the memorandum. Present—Pigott, Jr., P.J., Gorski, Smith, Pine and Lawton, JJ. [See 19 AD3d 1005.]  