
9 N.Y.3d 894 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JAMES W. NEWTON JR., Appellant.
Court of Appeals of the State of New York.
Submitted July 2, 2007.
Decided September 6, 2007.
Motion for assignment of counsel granted and Mitch Kessler, Esq., 63 Pike Creek Drive, Cohoes, New York 12047 assigned as counsel to the appellant on the appeal herein.
