13 N.Y.3d 736 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RANCE P. SCULLY, Appellant.
Court of Appeals of New York.
Submitted August 10, 2009. Decided August 27, 2009.Motion for assignment of counsel granted and Frank J. Nebush, Jr., Esq., Oneida County Public Defender, Union Station, 321 Main Street, Utica, New York 13501 assigned as counsel to the appellant on the appeal herein.