1 N.Y.3d 586 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
GUSTAVO REYNOSO, Appellant.
Court of Appeals of the State of New York.
Submitted December 22, 2003. Decided January 8, 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.