
    The People of the State of New York, Respondent, v J.W. Hardy, Jr., Appellant.
    Submitted December 29, 2008;
    decided January 13, 2009
   Motion for assignment of counsel granted and James S. Hinman, Esq., 16 East Main Street, Suite 260, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  