8 N.Y.3d 970 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JONATHAN DEAN, Appellant.
Court of Appeals of the State of New York.
Submitted April 30, 2007. Decided May 3, 2007.Motion for assignment of counsel granted and Jaime C. Louridas, Esq., care of Louridas & Louridas, Esqs., 3034 Patrick Road, *971 Schenectady, New York 12303 assigned as counsel to the appellant on the appeal herein.