
    The People of the State of New York, Respondent, v Robert Mothersell, Appellant.
    Submitted June 22, 2009;
    decided June 24, 2009
   Motion for assignment of counsel granted and Gerald T. Barth, Esq., Frank H. Hiscock Legal Aid Society, 351 South Warren Street, Syracuse, New York 13202 assigned as counsel to the appellant on the appeal herein.  