
    The People of the State of New York, Respondent, v Donald McKinnon, Appellant.
    Submitted December 7, 2009;
    decided December 15, 2009
    Reported below, 63 AD3d 426.
   Motion for assignment of counsel and waiver of the Rules of Practice of the Court of Appeals granted only to the extent that Stanley E. Neustadter, Esq., Cardozo Law School, Criminal Appeals Clinic, 55 Fifth Ave., New York, NY 10003 assigned as counsel to the appellant on the appeal herein.  