13 N.Y.3d 892 (2009)
2009 NY Slip Op 91250
921 N.E.2d 606
893 N.Y.S.2d 838
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2009-1271
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
PETER WELLS, Appellant.
Motion No: 2009-1271
Court of Appeals of New York.
Submitted December 7, 2009. Decided December 15, 2009.*893 Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.