
    The People of the State of New York, Respondent, v Franklin D. Potter, Appellant.
    (Appeal No. 3.)
    [678 NYS2d 762]
   Order unanimously reversed on the law and motion granted. Same Memorandum as in People v Potter ([appeal No. 1] 254 AD2d 831 [decided herewith]). (Appeal from Order of Oneida County Court, Donalty, J. — CPL art 440.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.  