
    The People of the State of New York, Respondent, v Adam H. Bernstein, Appellant.
    
    
      (Appea1 No.3.)
    
   Order unanimously affirmed. Same memorandum as in People v Bernstein, ([appeal No. 1] 163 AD2d 842 [decided herewith]). (Appeal from order of Supreme Court, Monroe County, Corning, J.&emdash;CPL art 440.) Present&emdash;Dillon, P. J., Callahan, Doerr, Pine and Law-ton, JJ.  