
15 N.Y.3d 861 (2010)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOHN PRENDERGAST, Appellant.
Motion No: 2010-1110.
Court of Appeals of New York.
Submitted September 27, 2010.
Decided October 14, 2010.
*862 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.
