12 N.Y.3d 747 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SCOTT C. WEAVER, Appellant.
Court of Appeals of the State of New York.
Submitted February 17, 2009. Decided February 19, 2009.Motion by National Association of Criminal Defense Lawyers et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.