18 N.Y.3d 875 (2012)
962 N.E.2d 281
938 N.Y.S.2d 856
2012 NY Slip Op 60869
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2012-54
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JAMES EXTALE, Appellant.
Motion No: 2012-54
Court of Appeals of New York.
Submitted January 9, 2012. Decided January 12, 2012.Motion by District Attorneys Association of the State of New York for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed.