17 N.Y.3d 841 (2011)
954 N.E.2d 1160
930 N.Y.S.2d 535
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-999
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
GILBERTO RAMOS, Appellant.
Motion No: 2011-999
Court of Appeals of New York.
Submitted August 29, 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.