2 N.Y.3d 771 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
PETER PARRIS, Appellant.
Court of Appeals of the State of New York.
Submitted April 26, 2004. Decided May 4, 2004.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th *772 Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.