14 N.Y.3d 788 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2010-330.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ISHAM MOORE, Appellant.
Mo. No. 2010-330.
Court of Appeals of New York.
Submitted March 22, 2010. Decided March 25, 2010.Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.