It is hereby ordered that said appeal from the judgment insofar as it imposed sentence is unanimously dismissed (see People v Haywood, 203 AD2d 966 [1994], Iv denied 83 NY2d 967 [1994]) and the judgment is affirmed.

Same memorandum as in People v Kuras (49 AD3d 1196 [2008] ). Present—Hurlbutt, J.P., Smith, Fahey, Peradotto and Pine, JJ.