
    The People of the State of New York, Respondent, v Calvin Battles, Appellant.
    Submitted January 4, 2010;
    decided January 12, 2010
    Reported below, 65 AD3d 1161.
   Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.  