Kimmel v. State ( 1999 )

—Appeals unanimously dismissed without costs. Same Memorandum as in Kimmel v State of New York ([appeal No. 1] 267 AD2d 1079 [decided herewith]). (Appeals from Order of Supreme Court, Monroe County, Lunn, J. — Reargument.) Present — Green, J. P., Hayes, Scudder and Balio, JJ.