
    The People of the State of New York, Appellant, v Everton D. Simms, Respondent.
    Submitted April 6, 2009;
    decided April 30, 2009
   Motion for assignment of counsel granted and Lynn W.L. Fahey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the respondent on the appeal herein.  