Majority
p. 792The People of the State of New York, Appellant, v Stephen M. Pacer, Respondent. Submitted February 6, 2006; decided February 9, 2006
Motion for assignment of counsel granted and John E. Tyo, care of Zimmerman & Tyo, Esqs., Six East Main Street, Shorts-ville, New York 14548 assigned as counsel to the respondent on the appeal herein.