
    The People of the State of New York, Respondent, v Mark Mastin, Appellant.
    (Appeal No. 2.)
    [689 NYS2d 913]
   —Order unanimously affirmed. Same Memorandum as in People v Mastin (261 AD2d 892 [decided herewith]). (Appeal from Order of Ontario County Court, Harvey, J. — CPL art 440.) Present— Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.  