7 N.Y.3d 855 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MICHAEL BARTON, Appellant.
Court of Appeals of New York.
Submitted September 18, 2006. Decided October 17, 2006.Motion by City of Rochester for an order permitting movant to file a brief and to participate in oral argument of the appeal, granted in each respect.