10 N.Y.3d 824 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LIONEL JONES, Appellant.
Court of Appeals of the State of New York.
Submitted March 31, 2008. Decided April 24, 2008.Motion for assignment of counsel granted and David C. Schopp, Esq., the Legal Aid Bureau of Buffalo, Inc., 237 Main *825 Street, Suite 1602, Buffalo, New York 14203, assigned as counsel to the appellant on the appeal herein.