8 N.Y.3d 958 (2007)
THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROY GREEN, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROY GREEN, Appellant,
v.
JOSEPH T. SMITH, as Superintendent of Shawangunk Correctional Facility, Respondent.
Court of Appeals of the State of New York.
Submitted April 2, 2007. Decided May 1, 2007.Motion for reargument denied [see 8 NY3d 806]. Motion for poor person relief dismissed as academic.