9 N.Y.3d 971 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
BRANDON ALLEN, Appellant.
Court of Appeals of the State of New York.
Submitted October 29, 2007. Decided November 15, 2007.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, *972 Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.