
    The People of the State of New York, Respondent, v Claude Footman Bey, Appellant.
    (Appeal No. 2.)
   Order unanimously affirmed. Same memorandum as in People v Bey ([appeal No. 1] 167 AD2d 868 [decided herewith]). (Resubmission of appeal from order of Monroe County Court, Celli, J.—CPL art 440.) Present—Denman, J. P., Green, Balio, Lawton and Davis, JJ.  