
    The People of the State of New York, Appellant, v Christopher Rodriguez, Respondent.
    Submitted April 4, 2005;
    decided April 28, 2005
   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 respondent on the appeal herein.  