Majority
p. 839The People of the State of New York, Respondent, v Noel Marte, Appellant. Submitted October 27, 2008; decided November 20, 2008
Motion for assignment of counsel granted and Lynn W.L. Fa-
p. 840
hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.