Majority
p. 1034The People of the State of New York, Respondent, v Timothy Holt, Appellant.
— Appeal unanimously dismissed (see, People v Lesesne, 172 AD2d 1070 , Iv denied 78 NY2d 1012 ). (Appeal from Judgment of Erie County Court, LaMendola, J. — Murder, 2nd Degree.) Present — Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.