People v. Thibodeau ( 1999 )

—Order unanimously affirmed. Same Memorandum as in People v Thibodeau ([appeal No. 1] 267 AD2d 952 [decided herewith]). (Appeal from Order of Oswego County Court, Clary, J. — CPL art 440.) Present — Denman, P. J., Pine, Hayes, Wisner and Balio, JJ.