18 N.Y.3d 896 (2012)
963 N.E.2d 782
940 N.Y.S.2d 206
2012 NY Slip Op 63641
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2012-62.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DANIEL VASQUEZ, Appellant.
Motion No: 2012-62.
Court of Appeals of New York.
Submitted January 17, 2012. Decided February 9, 2012.Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New *897 York, NY 10006 assigned as counsel to the appellant on the appeal herein.