17 N.Y.3d 916 (2011)
958 N.E.2d 547
934 N.Y.S.2d 369
2011 NY Slip Op 89499
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-978
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DOUGLAS DUART, Appellant.
Motion No: 2011-978
Court of Appeals of New York.
Submitted August 29, 2011. Decided November 15, 2011.Motion for leave to appeal dismissed as untimely (see CPLR 5513 [b]).