
5 N.Y.3d 863 (2005)
THE PEOPLE OF THE STATE OF NEW YORK, Appellant,
v.
DWIGHT I. VOGEL, JR., Respondent.
Court of Appeals of the State of New York.
Submitted November 11, 2005.
Decided November 17, 2005.
Motion for assignment of counsel granted and Anna M. Zephro Jost, Esq., P.O. Box 313, Tonawanda, New York 14151 assigned as counsel to the respondent on the appeal herein.
