17 N.Y.3d 838 (2011)
954 N.E.2d 1158
930 N.Y.S.2d 533
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-914
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANTHONY ATTEA, Appellant.
Motion No: 2011-914
Court of Appeals of New York.
Submitted August 15, 2011. Decided September 13, 2011.*839 Motion for assignment of counsel granted and Charles J. Greenberg, Esq., PO Box 102, Buffalo, New York 14207 assigned as counsel to the appellant on the appeal herein.