14 N.Y.3d 834 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2010-471.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
HERBERT APONTE, Appellant.
Mo. No. 2010-471.
Court of Appeals of New York.
Submitted April 26, 2010. Decided April 29, 2010.Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.