Majority
p. 1053The People of the State of New York, Respondent, v Frank Sterling, Appellant. (Appeal No. 1.) [700 NYS2d 913]
—Order unanimously affirmed for reasons stated in decision at Supreme Court, Wisner, J. (Appeal from Order of Supreme Court, Monroe County, Wisner, J. — CPL art 440.) Present— Green, J. P., Pine, Pigott, Jr., Scudder and Callahan, JJ.