Mercure, A.P.J., Peters, Spain, Kavanagh and Stein, JJ., concur. Ordered that the order is affirmed, and application to be relieved of assignment granted.
The People of the State of New York, Respondent, v. Harold J. Humphrey, Jr., Appellant
92 A.D.3d 1024937 N.Y.S.2d 897
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