
    The People of the State of New York, Respondent, v Alvaro Cumberbatch, Appellant.
    Submitted November 26, 2007;
    decided December 13, 2007
    Reported below, 36 AD3d 157.
   Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.  