Opinion
March 14, 1997.
Present — Green, J.P., Lawton, Doerr, Balio and Fallon, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the same Memorandum as in People v Flagg ( 237 AD2d 955 [decided herewith]). (Appeal from Judgment of Oneida County Court, Buckley, J. — Murder, 2nd Degree.)