13 N.Y.3d 732 (2009)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TEOFILO DIAZ, Appellant.
Court of Appeals of New York.
Submitted August 24, 2009. Decided August 27, 2009.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 appellant on the appeal herein.