
    The People of the State of New York v Carter Avery.
   —Motion for summary reversal (1) granted only to the extent of granting summary reversal and ordering a new trial (see, People v Owens, 69 NY2d 585 [1987]), and (2) denied as moot wherein bail is sought. Concur — Kupferman, J. P., Ross, Kassal, Rosenberger and Smith, JJ.  