13 N.Y.3d 921 (2010)
895 N.Y.S.2d 300
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2009-1371.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TERENCE G. JORDAN, Appellant.
Mo. No. 2009-1371.
Court of Appeals of New York.
Submitted December 21, 2009. Decided January 12, 2010.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.