13 N.Y.3d 809 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
PARIS SIMMONS, Appellant.
Court of Appeals of New York.
Submitted October 13, 2009. Decided October 15, 2009.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.