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: 2011-890
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
CARLOS HERRING, Appellant.
Motion No: 2011-890
Court of Appeals of New York.
Submitted August 15, 2011. Decided September 13, 2011.*840 Motion for assignment of counsel granted and Diane E. Selker, Esq., 701 Nelson Avenue, Peekskill, New York 10566 assigned as counsel to the appellant on the appeal herein.