11 N.Y.3d 730 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOSE FUENTES, Appellant.
Court of Appeals of the State of New York.
Submitted July 21, 2008; Decided August 28, 2008*731 Motion for assignment of counsel granted and Charles T. Glaws, Esq., care of Gruvman, Giordano & Glaws, LLP, 61 Broadway, Suite 2715, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.