
    The People of the State of New York, Respondent, v Joseph Swinton, Appellant.
    Submitted February 14, 2006;
    decided February 16, 2006
   Motion for assignment of counsel granted and Lynn W.L. Fa-hey, Esq., Appellate Advocates, 2 Rector Street, 10th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.  