—Order unanimously affirmed. Same Memorandum as in People v Mastin (261 AD2d 892 [decided herewith]). (Appeal from Order of Ontario County Court, Harvey, J. — CPL art 440.) Present— Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ.
The People of the State of New York, Respondent, v. Mark Mastin, Appellant
261 A.D.2d 895689 N.Y.S.2d 913
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