17 N.Y.3d 839 (2011)
954 N.E.2d 1158
930 N.Y.S.2d 534
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-901
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ROBERT C. HALTER, Appellant.
Motion No: 2011-901
Court of Appeals of New York.
Submitted August 8, 2011. Decided September 13, 2011.Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.