It is hereby ordered that the judgment so appealed from is affirmed.
Same memorandum as in People v Ginty ([appeal No. 1] 204 A.D.3d 1487 [4th Dept 2022]).
All concur except Whalen, P.J., who dissents and votes to reverse in accordance with the same memorandum as in People v Ginty ([appeal No. 1] 204 A.D.3d 1487 [4th...
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