3 N.Y.3d 668 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
VICTOR T. THOMAS, Appellant.
Court of Appeals of the State of New York.
Submitted August 2, 2004. Decided August 31, 2004.Motion for assignment of counsel granted and Kent V. Moston, Esq., Legal Aid Society of Nassau County, NY, One Helen Keller Way, Hempstead, NY 11550 assigned as counsel to the appellant on the appeal herein.