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]).