
    The People of the State of New York, Respondent, v Andrew C. Small, Appellant.
    Submitted July 7, 2008;
    decided August 28, 2008
   Motion for assignment of counsel granted and Timothy P Donaher, Esq., Monroe County Public Defender, 10 North Fitzhugh Street, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  