2012-04-3 The PEOPLE of the State of New York, Respondent, v. Aaron Richard FISHER, Appellant. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), for appellant. Michael C. Green, District Attorney, Rochester (Kelly C. Wolford of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The