— Order unanimously affirmed. Same memorandum as in People v Robinson (145 AD2d 949 [decided herewith]). (Appeal from order of Supreme Court, Onondaga County, Gorman, J. — CPL art 440.) Present — Dillon, P. J., Callahan, Green, Pine and Balio, JJ.
— Order unanimously affirmed. Same memorandum as in People v Robinson (145 AD2d 949 [decided herewith]). (Appeal from order of Supreme Court, Onondaga County, Gorman, J. — CPL art 440.) Present — Dillon, P. J., Callahan, Green, Pine and Balio, JJ.