Motion for reargument granted and, upon reargument, the fourth sentence of the first paragraph of the memorandum ( 289 A.D.2d 956) is deleted and the following sentence is substituted in its place: "Although the caseworker was called as a witness at trial, she was not a witness before the grand jury (see People v. Litzenberger, 234 A.D.2d 947, 948; cf. People v. Sayavong, 83 N.Y.2d 702)."