The People of the State of New York, Respondent, v. Cheyenne J. Koons, Appellant

Same memorandum as in People v Koons (113 AD3d 1063 [2014]).

All concur except Whalen, J., who dissents and votes to affirm in accordance with the same dissenting memorandum as in People v Koons (113 AD3d 1063 [2014]). Present — Smith, J.P., Peradotto, Garni, Valentino and Whalen, JJ.