
    The People of the State of New York, Respondent, v Cleveland Fyffe, Appellant.
    (Appeal No. 2.)
    [671 NYS2d 396]
   —Order unanimously affirmed. Same Memorandum as in People v Fyffe (249 AD2d 938 [decided herewith]). (Appeal from Order of Oneida County Court, Kirk, J. — CPL art 440.) Present — Denman, P. J., Green, Wisner, Pigott, Jr., and Fallon, JJ.  