
11 N.Y.3d 905 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MARK H. SWARTZ, Appellant.
Court of Appeals of the State of New York.
Submitted December 8, 2008.
Decided January 13, 2009.
Motion for reargument denied [see 11 NY3d 223 (2008)].
