1 N.Y.3d 618 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
SIMEON DUGGINS, Appellant.
Court of Appeals of the State of New York.
Submitted February 17, 2004. Decided February 19, 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.