9 N.Y.3d 892 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
BRETT CABRERA, Appellant.
Court of Appeals of the State of New York.
Submitted July 16, 2007. Decided September 6, 2007.Motion for assignment of counsel granted and Gerald Orseck, Esq., 1924 State Route 52, Liberty, New York 12754 assigned as counsel to the appellant on the appeal herein.