Majority
p. 1082The People of the State of New York, Respondent, v Gary Davis, Appellant. (Appeal No. 3.) [642 NYS2d 848]
—Amended order unanimously affirmed. Same Memorandum as in People v Davis ([appeal No. 1] 226 AD2d 1081 [decided herewith]). (Appeal from Amended Order of Steuben County Court, Bradstreet, J.—CPL art 440.) Present—Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.