10 N.Y.3d 895 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DONALD MILLS, Appellant.
Court of Appeals of the State of New York.
Submitted June 2, 2008. Decided June 5, 2008.Motion for assignment of counsel granted and Philip Rothschild, care of Frank H. Hiscock Legal Aid Society, 351 S. Warren Street, Syracuse, New York 13202 assigned as counsel to the appellant on the appeal herein.