¶1—Order unanimously affirmed. Same Memorandum as in People v Fyffe (249 AD2d 938 [decided herewith]). (Appeal from Order of Oneida County Court, Kirk, J. — CPL art 440.) Present — Denman, P. J., Green, Wisner, Pigott, Jr., and Fallon, JJ.
249 A.D.2d 939
People v. Fyffe
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1998
Appellate Division of the Supreme Court of the State of New York · decided 1998-04-29
Decided 1998-04-29