
    The People of the State of New York, Appellant, v Ruben Luciano, Respondent.
    Submitted November 26, 2007;
    decided December 13, 2007
    Reported below, 44 AD3d 123.
   Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the respondent on the appeal herein.  