Majority
p. 1059The People of the State of New York, Respondent, v Dwayne Sinnett, Appellant.
—Appeal unanimously dismissed (see, People v Lesesne, 172 AD2d 1070 ). (Appeal from Judgment of Erie County Court, McCarthy, J.—Manslaughter, 1st Degree.) Present—Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.