Opinion
December 31, 1998
Appeal from Order of Monroe County Court, Egan, J. — CPL art 440.
Order unanimously affirmed. Same Memorandum as in People v. Jones ( 256 A.D.2d 1172 [decided herewith]).
Present — Green, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.