2 N.Y.3d 732 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
CHARLES DANIELS, Appellant.
Court of Appeals of the State of New York.
Submitted March 8, 2004. Decided March 25, 2004.Motion for assignment of counsel granted and Laura Johnson, Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.