6 N.Y.3d 733 (2005)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
EDWIN SANTANA, Appellant.
Court of Appeals of the State of New York.
Submitted December 12, 2005. Decided December 15, 2005.*734 Motion for assignment of counsel granted and Steven Banks, Esq., Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.