2 N.Y.3d 772 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
WILLIAM RIVERA, Appellant.
Court of Appeals of the State of New York.
Submitted April 26, 2004. Decided May 4, 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.