Petition at ΒΆ 16(g), Attachment, Slip op. Petitioner was granted leave to appeal from this Order on March 9, 2005 but the Appellate Division, Second Department affirmed the decision on May 8, 2007. People v. McBride, 40 A.D.3d 780, 836 N.Y.S.2d 621 (2d Dept. 2007). On August 22, 2007, the New York Court of Appeals denied petitioner leave to appeal.