15 N.Y.3d 859 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2010-1115.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
PATRICK R. ASHLEY, Appellant.
Motion No: 2010-1115.
Court of Appeals of New York.
Submitted October 4, 2010. Decided October 14, 2010.*860 Judge PIGOTT taking no part.
Motion for assignment of counsel granted and John A. Cirando, Esq., care of D.J. & J.A. Cirando, Esqs., 101 South Salina Street, Suite 1010, Syracuse, New York 13202 assigned as counsel to the appellant on the appeal herein.