Majority
p. 963The People of the State of New York, Respondent, v Duane Kreps, Appellant.
Judgment unanimously affirmed. (See People v Esteves, 41 NY2d 826 ; People v Shively, 66 AD2d 1022 .) (Appeal from judgment of Erie Supreme Court, Marshall, J. — manslaughter, second degree.) Present — Dillon, P. J., Simons, Doerr, Denman and Moule, JJ.