Majority
p. 861The People of the State of New York, Respondent, v John Prendergast, Appellant. Submitted September 27, 2010; decided October 14, 2010
p. 862
Motion for assignment of counsel granted and Lynn WL. Fa-hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.