14 N.Y.3d 739 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
ALBEIRO VALENCIA, Respondent.
Court of Appeals of New York.
Submitted February 8, 2010. Decided February 11, 2010.Motion by New York State 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.