
    The People of the State of New York, Respondent, v Jose Fernandez, Appellant.
    Submitted July 12, 2010;
    decided August 26, 2010
   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.  