People v. Potter ( 1998 )

Order unanimously reversed on the law and motion granted. Same Memorandum as in People v Potter ([appeal No. 1] 254 AD2d 831 [decided herewith]). (Appeal from Order of Oneida County Court, Donalty, J. — CPL art 440.) Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.