People v. D'Amico , 148 A.D.2d 983 ( 1989 )

Order unanimously affirmed. Same memorandum as in People v D’Amico ([appeal No. 1] 148 AD2d 982 [decided herewith]). (Appeal from order of Oneida County Court, Hurlbutt, J. — renew and reargue.) Present — Doerr, J. P., Denman, Boomer, Balio and Davis, JJ.