99 N.Y.2d 576 (2003)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
JOSEPH J. GRUCCI, Respondent.
Court of Appeals of the State of New York.
Submitted January 13, 2003. Decided January 21, 2003.*577 Motion to withdraw appeal granted and appeal marked withdrawn.