17 N.Y.3d 831 (2011)
954 N.E.2d 84
929 N.Y.S.2d 794
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
Motion No: 2011-721
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
LUIS RAMOS, Appellant.
Motion No: 2011-721
Court of Appeals of New York.
Submitted July 5, 2011. Decided September 8, 2011.Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.