Majority
p. 970The People of the State of New York, Respondent, v Eugene J. Murphy, Appellant. (Appeal No. 2.)
Judgment unanimously affirmed. Same memorandum as in People v Murphy ([appeal No. 1], 136 AD2d 969 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Dadd, J. —grand larceny, second degree.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.