Majority
p. 987The People of the State of New York, Respondent, v Anthony Haggins, Appellant. (Appeal No. 2.) —
Order unanimously affirmed. Same memorandum as in People v Haggins
p. 988
([appeal No. 1] 148 AD2d 987 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Marshall, J. — CPL art 440.) Present — Callahan, J. P., Boomer, Green, Lawton and Davis, JJ.