13 N.Y.3d 919 (2010)
895 N.Y.S.2d 298
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Mo. No. 2010-11.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
CALVIN BATTLES, Appellant.
Mo. No. 2010-11.
Court of Appeals of New York.
Submitted January 4, 2010. 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.