
    The People of the State of New York, Respondent, v Timothy Holt, Appellant.
   — Appeal unanimously dismissed (see, People v Lesesne, 172 AD2d 1070, Iv denied 78 NY2d 1012). (Appeal from Judgment of Erie County Court, LaMendola, J. — Murder, 2nd Degree.) Present — Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.  