15 N.Y.3d 832 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2010-996.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ULYSESS McKNIGHT, Appellant.
Motion No: 2010-996.
Court of Appeals of New York.
Submitted August 30, 2010. Decided September 16, 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.