
    The People of the State of New York, Appellant, v Joseph Peter Kirchgessner, Respondent.
   Appeal unanimously dismissed as moot in view of defendant’s recent retrial and acquittal. Were we to reach the merits of the appeal, we would affirm. (Appeal from order of Orleans County Court, Miles, J. — CPL art 440.) Present — Callahan, J. P., Denman, Boomer, O’Donnell and Schnepp, JJ.  