10 N.Y.3d 823 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ISAAC DIGGINS, Appellant.
Court of Appeals of the State of New York.
Submitted April 21, 2008. Decided April 24, 2008.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, *824 Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.