11 N.Y.3d 839 (2008)
2008 NY Slip Op 89438
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
NOEL MARTE, Appellant.
Court of Appeals of the State of New York.
Submitted October 27, 2008. Decided November 20, 2008.Reported below, 52 AD3d 737.
Motion for assignment of counsel granted and Lynn W.L. Fahey, *840 Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.