17 N.Y.3d 839 (2011)
954 N.E.2d 1159
930 N.Y.S.2d 533
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-1017
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SANDY FERNANDEZ, Appellant.
Motion No: 2011-1017
Court of Appeals of New York.
Submitted September 6, 2011. Decided September 13, 2011.Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.