14 N.Y.3d 739 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MICHAEL EDWARD PRINDLE, Appellant.
Court of Appeals of New York.
Submitted January 19, 2010. Decided February 11, 2010.Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.