Majority
p. 1075The People of the State of New York, Respondent, v Charles E. Hinton, Appellant. (Appeal No. 2.)
— Appeal unanimously dismissed. Memorandum: Defendant’s application for leave to appeal was previously denied (see, CPL 450.15). (Appeal from Order of Erie County Court, LaMendola, J. — CPL 440.10) Present — Green, J. P., Pine, Balio, Boehm and Davis, JJ.