8 N.Y.3d 940 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
CHARLES FLUDD, Appellant.
Court of Appeals of the State of New York.
Submitted April 23, 2007. Decided April 26, 2007.Reported below, 33 AD3d 1124.
*941 Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.