
    The People of the State of New York, Respondent, v Damian Gardner, Appellant.
    Submitted November 29, 2010;
    decided December 14, 2010
   Motion for assignment of counsel granted and Lynn WL. Fa-hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.  