14 N.Y.3d 826 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2010-247.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TIMOTEO RAMIREZ, Appellant.
Mo. No. 2010-247.
Court of Appeals of New York.
Submitted March 8, 2010. Decided April 6, 2010.Motion to vacate this Court's February 16, 2010 dismissal order granted [see 14 NY3d 769 (2010)].