17 N.Y.3d 842 (2011)
954 N.E.2d 1161
930 N.Y.S.2d 536
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-949
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LEROY WILLIAMS, Appellant.
Motion No: 2011-949
Court of Appeals of New York.
Submitted August 22, 2011. Decided September 13, 2011.Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.