
    The People of the State of New York, Respondent, v Donyell J. McKenzie, Appellant.
    Submitted September 19, 2011;
    decided October 13, 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 appellant on the appeal herein.  