6 N.Y.3d 880 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
PATRICIO BAUTISTA, Appellant.
Court of Appeals of the State of New York.
Submitted May 1, 2006. Decided May 4, 2006.*881 Motion by Prisoners' Legal Services of New York et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed submission is accepted as filed.