
14 N.Y.3d 906 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SEAN SMITH, Appellant.
Motion No: 2010-561.
Court of Appeals of New York.
Submitted May 10, 2010.
Decided June 3, 2010.
Motion for an order pursuant to CPLR 1012 (b) (2) permitting movant City of New York to file a brief and participate in oral argument of the appeal granted in each respect.
