People v. Davis , 642 N.Y.S.2d 848 ( 1996 )

—Amended order unanimously affirmed. Same Memorandum as in People v Davis ([appeal No. 1] 226 AD2d 1081 [decided herewith]). (Appeal from Amended Order of Steuben County Court, Bradstreet, J.—CPL art 440.) Present—Denman, P. J., Lawton, Wesley, Balio and Boehm, JJ.