
    The People of the State of New York, Respondent, v Robert W Ellsworth, Appellant.
    Submitted August 24, 2009;
    decided September 15, 2009
    Reported below, 59 AD3d 989.
   Motion for assignment of counsel granted and R. Thomas Rankin, Esq., care of Goodell & Rankin, 617 Washington Street, Jamestown, New York 14701 assigned as counsel to the appellant on the appeal herein.  