
    [939 NE2d 140, 913 NYS2d 123]
    The People of the State of New York, Appellant, v Dwight Ashe, Respondent.
    Decided November 23, 2010
    
      APPEARANCES OF COUNSEL
    
      Cyrus R. Vance, Jr., District Attorney, New York City (David M. Cohn of counsel), for appellant.
    
      Legal Aid Society, Criminal Appeals Bureau, New York City (Jonathan Garelick and Steven Banks of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed (see People v Zanghi, 79 NY2d 815 [1991]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.  