The People v. Charles Zarate

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================================================================= This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------No. 81 SSM 35 The People &c., Appellant, v. Charles Zarate, Respondent. Submitted by Thomas C. Costello, for appellant. Submitted by Kerry Sloane Bassett, for respondent. * * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order affirmed (see People v Price, ___ NY3d ___ [decided today]). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur. Decided February 11, 2010