10 N.Y.3d 921 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RICKEY J. RYAN, Appellant.
Court of Appeals of the State of New York.
Submitted June 16, 2008. Decided June 25, 2008.Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.