
    The People of the State of New York, Respondent, v Orlando Melendez, Appellant.
    Submitted August 28, 2006;
    decided September 12, 2006
   Motion for assignment of counsel granted and Edward J. Nowak, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  