18 N.Y.3d 865 (2012)
962 N.E.2d 271
938 N.Y.S.2d 847
2012 NY Slip Op 60140
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-1309
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
EMIL BEST, Appellant.
Motion No: 2011-1309
Court of Appeals of New York.
Submitted December 12, 2011. Decided January 5, 2012.Motion for assignment of counsel granted and Kent V. Moston, Esq., Legal Aid Society of Nassau County, One Helen Keller Way, Hempstead, New York 11550 assigned as counsel to the appellant on the appeal herein.