11 N.Y.3d 839 (2008)
2008 NY Slip Op 89433
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
WAYNE DAVIS, Appellant.
Court of Appeals of the State of New York.
Submitted November 17, 2008. Decided November 20, 2008.Reported below, 19 Misc 3d 145(A).
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.