Majority
p. 954The People of the State of New York, Respondent, v Michael Smith, Appellant. (Appeal No. 2.)
Judgment unanimously affirmed. Same memorandum as in People v Smith ([appeal No. 1] 162 AD2d 954 [decided herewith]). (Appeal from judgment of Onondaga County Court, Cunningham, J.—grand larceny, second degree.) Present—Dillon, P. J., Denman, Pine, Lawton and Davis, JJ.