F AUTHORITIES CASES Contrast People v. Ferguson, 53 A.D.3d 571 (2d Dept. 2008) 57 People v. lielter, 84 A.D.3d 905 (2d Dept. 2011) 58 People v. Brensir, 70 N.Y.2d 9 (1987) 43 People v. Conway, 47 A.D.3d 492 (1st Dept. 2008) 36 People v. Guaman, 8 A.D.3d 545 (2d Dept 2004) 35 People v. Johnson,