
9 N.Y.3d 1012 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
DONNIE SIMMONS, Appellant.
Court of Appeals of the State of New York.
Submitted December 31, 2007.
Decided January 8, 2008.
Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, *1013 Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
