
    The People of the State of New York, Appellant, v Jeffery H. Miller, Respondent.
    Submitted July 11, 2011;
    decided September 8, 2011
   Motion for assignment of counsel granted and Timothy P. Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the respondent on the appeal herein.  