1 N.Y.3d 552 (2003)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ANGELO AMMARITO, Appellant.
Court of Appeals of the State of New York.
Submitted November 24, 2003. Decided December 18, 2003.Motion for assignment of counsel granted and Laura Johnson, *553 Esq., The Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.