7 N.Y.3d 802 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LEIGHTON NELSON, Appellant.
Court of Appeals of New York.
Submitted July 10, 2006. Decided August 29, 2006.*803 Motion for assignment of counsel granted and Steven Banks, Esq., Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.