
    The People of the State of New York, Respondent, v Gunther J. Flinn, Appellant.
    Submitted January 14, 2013;
    decided February 7, 2013
   Motion for assignment of counsel granted and Martin P McCarthy II, Esq., care of Muldoon & Getz, Esqs., 144 Exchange Boulevard, Suite 402, Rochester, New York 14614 assigned as counsel to the appellant on the appeal herein.  