18 N.Y.3d 989 (2012)
968 N.E.2d 992
945 N.Y.S.2d 637
2012 NY Slip Op 71325
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2012-347.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DAVID PLUNKETT, Appellant.
Motion No: 2012-347.
Court of Appeals of New York.
Submitted April 2, 2012. Decided April 26, 2012.Motion by American Academy of HIV Medicine et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.