2 N.Y.3d 732 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
NICHOLSON McCOY, Appellant.
Court of Appeals of the State of New York.
Submitted February 23, 2004. Decided March 25, 2004.Motion by Eliot Spitzer, Attorney General of the State of New York, for an order pursuant to Executive Law § 71 permitting movant to file a brief and participate in oral argument of the appeal, granted in each respect.