
2 N.Y.3d 772 (2004)
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
JOHN WAVER, Also Known as JOHN WEAVER, Appellant.
Court of Appeals of the State of New York.
Submitted April 26, 2004.
Decided May 4, 2004.
*773 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 appellant on the appeal herein.
