
    The People of the State of New York, Respondent, v Claude Footman Bey, Appellant.
   Case held, decision reserved, and matter remitted to Monroe County Court for a hearing, in accordance with same memorandum as in People v Bey (144 AD2d 972 [decided herewith]). (Appeal from order of Monroe County Court, Celli, J. — CPL art 440.) Present — Doerr, J. P., Denman, Green, Pine and Lawton, JJ.  