15 N.Y.3d 860 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
Motion No: 2010-1098.
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
v.
JOHN FREEMAN, Respondent-Appellant.
Motion No: 2010-1098.
Court of Appeals of New York.
Submitted September 27, 2010. Decided October 14, 2010.Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the respondent-appellant on the appeal herein.