
    The People of the State of New York, Respondent, v Roger Miles, Appellant.
    (Appeal No. 2.)
   Order unanimously affirmed. Same memorandum as in People v Miles ([appeal No. 1], 136 AD2d 958 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Marshall, J.—CPL art 440.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.  