
    The People of the State of New York, Respondent, v Anthony Haggins, Appellant.
    (Appeal No. 2.) —
   Order unanimously affirmed. Same memorandum as in People v Haggins ([appeal No. 1] 148 AD2d 987 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Marshall, J. — CPL art 440.) Present — Callahan, J. P., Boomer, Green, Lawton and Davis, JJ.  