
    Arrello Barnes, Appellant, v State of New York, Respondent.
    Submitted July 6, 2009;
    decided September 8, 2009
    Reported below, 2008 NY Slip Op 85094(U); 2009 NY Slip Op 63023(11).
   Motion for reargument denied [see 11 NY3d 883 (2008)]. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.

Chief Judge Lippman taking no part.  