
    The People of the State of New York, Respondent, v Angel L. Cruz, Appellant.
    Submitted August 31, 2009;
    decided September 15, 2009
    Reported below, 57 AD3d 1453.
   Motion for assignment of counsel granted and Timothy E Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  