
    The People of the State of New York, Appellant, v Randolfo Diaz, Respondent.
    Submitted February 14, 2012;
    decided February 16, 2012
    Reported below, 85 AD3d 1047.
   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.  