819 N.Y.S.2d 877

People v. Aviles.

Court of Appeals of the State of New York.
June 27, 2006.

Appeal from the 2d Dept: 29 AD3d 813 (Kings)

Graffeo, J.

Application in Criminal Cases for Leave to Appeal. Denied.[1]

[1] Denied with leave to renew within 30 days after the Court of Appeals renders a decision in People v. Utaey
(22 AD3d 268 [2006], lv granted 6 NY3d 781 [2006]) People v. Nelson (21 AD3d 861 [2005], lv granted 6 NY3d 757 [2005]) and People v. Smith
(23 AD3d 280 [2005], lv granted 6 NY3d 759 [2005]) [see 7 NY3d 398].