10 N.Y.3d 783 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DELON LUCAS, Appellant.
Court of Appeals of the State of New York.
Submitted February 19, 2008. Decided March 13, 2008.Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.