
    The People of the State of New York, Respondent, v Scott Kessner, Appellant.
    (Appeal No. 2.)
   Order unanimously affirmed. Same Memorandum as in People v Kessner ([appeal No. 1] 181 AD2d 1044 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Rossetti, J. — CPL 440.10.) Present — Denman, P. J., Green, Pine, Lawton and Doerr, JJ.  