AD1 order dated November 12, 2013, affirming judgment of

conviction. Decision below: 111 AD3d 430, 975 NYS2d 5.

Andrias, J. (AD dissenter), granted leave January 16, 2014.

Argued October 14, 2015.

ISSUE PRESENTED: Whether the imposition after trial of the

maximum sentence of imprisonment where the People made a pretrial

offer of probation unconstitutionally penalized the defendant

for going to trial. (Assigned counsel: David Klem & Robert S.

Dean, Center for Appellate Litigation, 120 Wall Street, 28th Floor,

NYC 10005.)