17 N.Y.3d 842 (2011)
954 N.E.2d 1162
930 N.Y.S.2d 536
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-965
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LEDARRIUS WRIGHT, Appellant.
Motion No: 2011-965
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.