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.
FRANKLIN RODRIGUEZ, Appellant.
Court of Appeals of the State of New York.
Submitted April 12, 2004. Decided May 4, 2004.Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.