11 N.Y.3d 731 (2008)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
VICTOR GOMEZ, Respondent.
Court of Appeals of the State of New York.
Submitted July 21, 2008; Decided August 28, 2008Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the respondent on the appeal herein.