AD2 order dated October 23, 2013, affirming judgment of conviction. Decision below: 110 AD3d 1005, 973 NYS2d 353. Lippman, Ch. J., granted leave June 27, 2014. Argued January 7, 2016.

ISSUES PRESENTED: (1) The preclusion of evidence of third-party culpability - - a defense witness’s proposed testimony about overhearing a third party plan the crime. (2) Ineffective assistance of counsel based on counsel’s failure to object to the prosecutor’s misconduct on summation. (Assigned counsel: Kendra L. Hutchinson & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)