
    The People of the State of New York, Respondent, v Christopher Staley, Appellant.
    [656 NYS2d 983]
   Judgment unanimously modified on the law and as modified affirmed in accordance with the same Memorandum as in People v Flagg (237 AD2d 955 [decided herewith]). (Appeal from Judgment of Oneida County Court, Buckley, J.—Murder, 2nd Degree.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.  