13 N.Y.3d 772 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent,
v.
CHARLES FRAZIER, Respondent-Appellant.
Court of Appeals of New York.
Submitted August 31, 2009. Decided September 15, 2009.Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the respondent-appellant on the appeal herein.