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.
DONNELL HOFLER, Appellant.
Court of Appeals of the State of New York.
Submitted April 12, 2004. Decided May 4, 2004.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.