18 N.Y.3d 867 (2012)
962 N.E.2d 273
938 N.Y.S.2d 849
2012 NY Slip Op 60164
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-1374
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TYRONE WATSON, Appellant.
Motion No: 2011-1374
Court of Appeals of New York.
Submitted December 27, 2011. Decided January 5, 2012.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.