Opinion
October 2, 1998
Appeal from Order of Oneida County Court, Donalty, J. — CPL art 440.
Present — Pine, J. P., Hayes, Wisner, Pigott, Jr., and Boehm, JJ.
Order unanimously reversed on the law and motion granted. Same Memorandum as in People v. Potter ([appeal No. 1] 254 A.D.2d 831 [decided herewith]).