6 N.Y.3d 867 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SHAWN KENNEDY, Appellant.
Court of Appeals of the State of New York.
Submitted April 3, 2006. Decided May 2, 2006.Motion by New York State Association of Criminal Defense Lawyers for leave to appear amicus curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief may be served and 24 copies filed within seven days.