
    The People of the State of New York, Respondent, v Leon Martin, III, Appellant.
    [649 NYS2d 888]
   Order unanimously affirmed for reasons stated in decision at Supreme Court, Wolfgang, J. (Appeal from Order of Supreme Court, Erie County, Wolfgang, J.—CPL art 440.) Present—Green, J. P., Pine, Lawton, Doerr and Boehm, JJ.  