—Order unanimously affirmed. Same Memorandum as in People v Everson (262 AD2d 1059 [decided herewith]). (Appeal from Order of Onondaga County Court, Mulroy, J. — CPL art 440.) Present — Green, J. P., Lawton, Pigott, Jr., Callahan and Balio, JJ.
The People of the State of New York, Appellant, v. Shawndell M. Everson, Respondent
262 A.D.2d 1060691 N.Y.S.2d 810
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