8 N.Y.3d 942 (2007)
THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM MITCHELL, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK ex rel. WILLIAM MITCHELL, Appellant,
v.
WILLIAM LAPE, as Superintendent of Marcy Correctional Facility, et al., Respondents.
Court of Appeals of the State of New York.
Submitted March 19, 2007. Decided April 26, 2007.Motion for reargument denied [see 8 NY3d 876].