On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed (see, People v Washington, 86 N.Y.2d 189 [decided today]).
Concur: Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK. Judge TITONE dissents for the reasons stated in his dissenting opinions in People v Washington ( 86 N.Y.2d 189 [decided today]) and People v Carpenter ( 85 N.Y.2d 1016 [decided today]).