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

No. 56 The People &c., Respondent, v. Sergio Cerda, Appellant.

Donna Aldea, for appellant.

Andrew Fakuda, for respondent.

Reargument ordered for a future Court session. Chief Judge DiFiore and Judges Rivera, Garcia, Wilson, Cannataro and Troutman concur. Judge Singas took no part.

Decided May 24, 2022