15 N.Y.3d 832 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2010-1069.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SHAWN HUNTER, Appellant.
Motion No: 2010-1069.
Court of Appeals of New York.
Submitted September 13, 2010. Decided September 16, 2010.Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.