
    The People of the State of New York, Respondent, v Floyd L. Smart, Appellant.
    Submitted May 6, 2013;
    decided May 30, 2013
   Motion for assignment of counsel granted and Mark D. Funk, Esq., 144 Exchange Blvd., Ste. 400, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  