
    The People of the State of New York ex rel. David Burr, Appellant, v Frank J. Clark, III, as Erie County District Attorney, Respondent.
    (Appeal No. 2.)
    [718 NYS2d 668]
   Judgment unanimously affirmed without costs. Same Memorandum as in People ex rel. Burr v Clark (278 AD2d 938 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, O’Donnell, J. — Habeas Corpus.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Lawton, JJ.  