9 N.Y.3d 997 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ROBERT FINLEY, Appellant.
Court of Appeals of the State of New York.
Submitted December 10, 2007. Decided December 13, 2007.Motion for assignment of counsel granted and Timothy Patrick Murphy, Esq., 5528 Main Street, Williamsville, New York 14221 assigned as counsel to the appellant on the appeal herein.