9 N.Y.3d 896 (2007)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
MARCOS URBAEZ, Appellant.
Court of Appeals of the State of New York.
Submitted July 23, 2007. Decided September 6, 2007.*897 Motion 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 appellant on the appeal herein.