6 N.Y.3d 764 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
STEPHEN M. PACER, Respondent.
Court of Appeals of the State of New York.
Submitted December 19, 2005. Decided January 10, 2006.Motion by New York State Association of Criminal Defense Lawyers et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
Judge READ taking no part.