Motion for reargument granted and, upon reargument, the memorandum and order entered February 4, 2005 (15 AD3d 882 [2005]), is amended by deleting the first word of the last sentence of the memorandum and adding the following sentence as the last sentence of the memorandum: “Finally we have reviewed the contentions raised by defendant in his pro se supplemental brief and conclude that they are without merit.”