State of New York Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 65 SSM 7 The People &c., Appellant, v. James Ball, Respondent.

Submitted by Kenneth H. Tyler, Jr., for appellant.

Submitted by John A. Cirando, for respondent.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed, for reasons stated in the memorandum at the Appellate Division (see People v Ball, 175 AD3d 987 [4th Dept 2019]). Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

Decided June 9, 2020