— Appeal unanimously dismissed (see, People v Humphrey [appeal No. 1], 172 AD2d 1071, lv denied 78 NY2d 967; People v Lesesne, 172 AD2d 1070, lv denied 78 NY2d 1012). (Appeal from Judgment of Erie County Court, Rogowski, J. — Manslaughter, 1st Degree.) Present — Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.