9 N.Y.3d 997 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DERICK NEWTON, Appellant.
Court of Appeals of the State of New York.
Submitted December 10, 2007. Decided December 13, 2007.Motion for poor person relief dismissed as academic.