5 N.Y.3d 838 (2005)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
THOMAS BURTON, Appellant.
Court of Appeals of the State of New York.
Submitted September 26, 2005. Decided October 20, 2005.Motion for assignment of counsel granted and Laura Johnson, Esq., Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.