2 N.Y.3d 732 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JAMES COMBEST, Appellant.
Court of Appeals of the State of New York.
Submitted March 22, 2004. Decided March 25, 2004.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 appellant on the appeal herein.