3 N.Y.3d 667 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ARIEL NAZARIO, Appellant.
Court of Appeals of the State of New York.
Submitted July 19, 2004. Decided August 31, 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.