7 N.Y.3d 908 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LARRY BRATTON, Appellant.
Court of Appeals of New York.
Submitted November 27, 2006. Decided December 14, 2006.Motion for assignment of counsel granted and Diane V. Bruns, Esq., care of LoPinto, Schlather, Solomon & Salk, Esqs., 200 East Buffalo Street, P.O. Box 353, Ithaca, New York 14851 assigned as counsel to the appellant on the appeal herein.