AD4 order dated March 28, 2014, affirming judgment of

conviction. Decision below: 115 AD3d 1281,982 NYS2d 654.

Lippman, Ch. J., granted leave August 7, 2014. Argued October

13, 2015.

ISSUES PRESENTED: (1) Whether the People are permitted to

seek a sentencing enhancement pursuant to PL §70.07 by filing a

CPL §400.19 second child sexual assault felony offender

statement after the commencement of trial. (2) Whether trial

counsel was ineffective for failing to object to a police officer’s

“passing reference” to the victim’s pre-arrest ID of the defendant. (Assigned counsel: Shirley A. Gorman, PO Box 629, 19 Market

St., Brockport, NY 14420.)