
    The People of the State of New York, Respondent, v Andrew Smart, Appellant.
    Submitted February 6, 2017;
    decided February 9, 2017
   Motion for assignment of counsel granted and Lynn W.L. Fa-hey, Esq., Appellate Advocates, 111 John Street, 9th Floor, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.

Judge Wilson taking no part.  