Opinion
December 30, 1999
Appeal from Order of Oswego County Court, Clary, J. — CPL art 440.
Order unanimously affirmed.
PRESENT: DENMAN, P. J., PINE, HAYES, WISNER AND BALIO, JJ.
Same Memorandum as in People v. Thibodeau ([appeal No. 1] 267 A.D.2d 952 [decided herewith]).