May 5, 2011
THE PEOPLE &C., RESPONDENT,
ROLANDO HERRERA, APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed (see People v Fernandez, __ NY3d __ [decided today]).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith and Pigott concur. Judge Jones dissents for reasons stated in his dissenting opinion in People v Fernandez (__ NY3d __ [decided today]).
© 1992-2011 VersusLaw Inc.