The opinion
11 N.Y.3d 839 (2008)
2008 NY Slip Op 89432
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MICHAEL J. BROWN, Appellant.
Court of Appeals of the State of New York.
Submitted October 27, 2008.
Decided November 20, 2008.
Reported below, 50 AD3d 1154 .
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.