1 N.Y.3d 620 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
RASHAN YATES, Appellant.
Court of Appeals of the State of New York.
Submitted January 20, 2004. Decided February 24, 2004.Motion for assignment of counsel granted only to the extent *621 that Jeremy R. Feinberg, Esq., Proskauer Rose LLP, 1585 Broadway, New York, NY 10036-8299 is assigned as counsel to the appellant on the appeal herein.