Motion for reargument of the appeal is granted and, upon reargument, the memorandum*547and order entered June 15, 2012 (
96 A.D.3d 1520) is amended by deleting the ordering paragraph and substituting the following ordering paragraph, “It is hereby ORDERED that the judgment so appealed from is affirmed,” and by deleting the third paragraph of the memorandum and substituting the following paragraph, “The sentence is not unduly harsh or severe.”
SCUDDER, P.J., SMITH, SCONIERS, and MARTOCHE, JJ., concur.