
11 N.Y.3d 839 (2008)
2008 NY Slip Op 89428
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ERIC BAILEY, Appellant.
Court of Appeals of the State of New York.
Submitted October 27, 2008.
Decided November 20, 2008.
Reported below, 50 AD3d 343.
Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
