Opinion
Filed June 18, 1999
Appeal from the Order of Oneida County Court, Burke, J. — CPL art 440.
PRESENT: DENMAN, P. J., LAWTON, HAYES, PIGOTT, JR., AND SCUDDER, JJ.
Appeal dismissed as moot ( see, People v. Finkle [appeal No. 1], 262 A.D.2d 971 [decided herewith]).
All concur except Pigott, Jr., J., who votes to affirm.