
    The People of the State of New York, Respondent, v Kelvin Spears, Appellant.
    Submitted December 9, 2013;
    decided January 9, 2014
   Motion for assignment of counsel granted and Timothy P Donaher, Esq., Monroe County Public Defender, 10 N. Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  