
    The People of the State of New York, Appellant-Respondent, v Charles Frazier, Respondent-Appellant.
    Submitted August 31, 2009;
    decided September 15, 2009
    Reported below, 58 AD3d 468.
   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 respondent-appellant on the appeal herein.  