7 N.Y.3d 908 (2006)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
ABEL ROSAS, Respondent.
Court of Appeals of New York.
Submitted November 20, 2006. Decided December 14, 2006.*909 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 respondent on the appeal herein.