Opinion
April 29, 1998
Appeal from Order of Oneida County Court, Kirk, J. — CPL art 440.
Present — Denman, P.J., Green, Wisner, Pigott, Jr., and Fallon, JJ.
Order unanimously affirmed. Same Memorandum as in People v. Fyffe ( 249 A.D.2d 938 [decided herewith]).