12 N.Y.3d 811 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MARCELLUS PIERCE, Appellant.
Court of Appeals of New York.
Submitted April 20, 2009. Decided April 30, 2009.Motion for assignment of counsel granted and David C. Schopp, Esq., the Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, New York 14203 assigned as counsel to the appellant on the appeal herein.