Appellate Division of the Supreme Court of the State of New York October 7, 1992, Appeal No. 2 (People v. Hough)

— Order unanimously affirmed. Same Memorandum as in People v Hough ([appeal No. 1] 186 AD2d 1056 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Marshall, J. — -CPL art 440.) Present — Callahan, J. P., Boomer, Pine, Fallon and Doerr, JJ.