18 N.Y.3d 920 (2012)
964 N.E.2d 1021
941 N.Y.S.2d 554
2012 NY Slip Op 64784
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2012-81.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TOBIAS BOYLAND, Appellant.
Motion No: 2012-81.
Court of Appeals of New York.
Submitted January 23, 2012. Decided February 21, 2012.Motion to vacate this Court's December 29, 2011 dismissal order granted [see 18 NY3d 856 (2011)].