17 N.Y.3d 840 (2011)
954 N.E.2d 1159
930 N.Y.S.2d 534
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-913
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RICHARD KELLEY, Appellant.
Motion No: 2011-913
Court of Appeals of New York.
Submitted August 15, 2011. Decided September 13, 2011.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.