10 N.Y.3d 746 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
v.
JEAN YVES JEAN-BAPTISTE, Respondent-Appellant.
Court of Appeals of the State of New York.
Submitted February 11, 2008. Decided February 14, 2008.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-appellant on the appeal herein.