10 N.Y.3d 883 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
BRYAN R. HAWKINS, Appellant.
Court of Appeals of the State of New York.
Submitted May 5, 2008. Decided June 3, 2008.Motion for assignment of counsel granted and Richard W. Youngman, Esq., Monroe County Conflict Defender, 150 South Plymouth Avenue, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.