Majority
p. 1081The People of the State of New York, Respondent, v Gary Davis, Appellant. (Appeal No. 2.) [642 NYS2d 840]
Appeal unanimously dismissed (see, Matter of Eric D. [appeal No. 1], 162 AD2d 1051 ). (Appeal from Order of Steuben County Court, Bradstreet, J.—CPL art 440.) Present—Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.