17 N.Y.3d 848 (2011)
954 N.E.2d 1168
930 N.Y.S.2d 543
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-1035
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
KEVIN CHESTNUT, Appellant.
Motion No: 2011-1035
Court of Appeals of New York.
Submitted September 12, 2011. Decided September 15, 2011.Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.