9 N.Y.3d 947 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
BURTON JEFFREY HUNTER, Appellant.
Court of Appeals of the State of New York.
Submitted September 24, 2007. Decided October 18, 2007.Motion to vacate this Court's August 31, 2007 dismissal order granted [see 9 NY3d 871].