10 N.Y.3d 746 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOHN MALAUSSENA, Appellant.
Court of Appeals of the State of New York.
Submitted February 11, 2008. Decided February 14, 2008.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.