
    The People of the State of New York, Respondent, v Kenneth Smith, Appellant.
    Submitted July 26, 2004;
    decided August 31, 2004
   Motion for assignment of counsel granted and Edward J. Nowak, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  