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

No. 22 The People &c., Respondent, v. Howard Powell, Appellant.

Kendra L. Hutchinson, for appellant.

Danielle M. O'Boyle, for respondent.

Reargument ordered for a future Court session. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Decided April 1, 2021