
    The People of the State of New York, Respondent, v Rigoberto Benitez, Appellant.
    Submitted July 14, 2008;
    decided August 28, 2008
   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.  