13 N.Y.3d 919 (2010)
895 N.Y.S.2d 298
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2009-1396.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SADDIQ ABDUR-RASHID, Appellant.
Mo. No. 2009-1396.
Court of Appeals of New York.
Submitted December 21, 2009. Decided January 12, 2010.Motion for assignment of counsel granted and Peter B. Meadow, Esq., PO Box 63, Woodbourne, New York 12788 assigned as counsel to the appellant on the appeal herein.