
    The People of the State of New York, Respondent, v Brian A. Finkle, Appellant.
    (Appeal No. 2.)
    [692 NYS2d 636]
   —Appeal dismissed as moot (see, People v Finkle, 262 AD2d 971 [decided herewith]).

All concur except Pigott, Jr., J., who votes to affirm. (Appeal from Order of Oneida County Court, Burke, J. — CPL art 440.) Present — Denman, P. J., Lawton, Hayes, Pigott, Jr., and Scudder, JJ.  