People v. Kessner , 582 N.Y.S.2d 657 ( 1992 )

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.