18 N.Y.3d 866 (2012)
962 N.E.2d 272
938 N.Y.S.2d 848
2012 NY Slip Op 60154
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2012-1
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DANNY MARTIN, Appellant.
Motion No: 2012-1
Court of Appeals of New York.
Submitted January 3, 2012. Decided January 5, 2012.Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.