Majority
p. 729The People of the State of New York, Respondent, v Steven Zambito, Appellant. (Appeal No. 2.)
— Order unanimously affirmed. Same memorandum as in People v Zambito (Appeal No. 1) (92 AD2d 729). (Appeal from order of Monroe County Court, Bergin, J. — CPL 440.10, vacate and set aside conviction.) Present — Hancock, Jr., J. P., Callahan, Doerr, Boomer and Schnepp, JJ.