AD1 order dated November 14, 2013, affirming judgment of conviction. Decision below: 111 AD3d 472, 974 NYS2d 432. Graffeo, J., granted leave March 31, 2014.

ISSUES PRESENTED: (1) Whether the court violated the defendant’s right to counsel by conducting an ex parte, in camera, untranscribed discussion with the People’s main witness who claimed he was too ill to testify that day. (2) The refusal to charge a lesser included offense. (Assigned counsel: Legal Aid Society, Criminal Appeal Bureau, 199 Water Street, NYC 10038.)