6 N.Y.3d 769 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
COREY SMITH, Appellant.
Court of Appeals of the State of New York.
Submitted January 9, 2006. Decided January 12, 2006.Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.