8 N.Y.3d 853 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOEL MARK, Appellant.
Court of Appeals of the State of New York.
Submitted January 29, 2007. Decided February 13, 2007.Judge JONES taking no part.
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.