18 N.Y.3d 895 (2012)
963 N.E.2d 781
940 N.Y.S.2d 205
2012 NY Slip Op 63627
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
Motion No: 2012-133.
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
BRANDON McFADDEN, Respondent.
Motion No: 2012-133.
Court of Appeals of New York.
Submitted February 6, 2012. Decided February 9, 2012.*896 Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the respondent on the appeal herein.