2 N.Y.3d 815 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
TRACEY DOUGLAS, Appellant.
Court of Appeals of the State of New York.
Submitted May 17, 2004. Decided June 3, 2004.Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 45 West 45th Street, 7th Floor, New York, NY 10036 assigned as counsel to the appellant on the appeal herein.