Majority
p. 1064The People of the State of New York, Respondent, v Frederick J. Zirpola, Appellant.
— Appeal unanimously dismissed (see, People v Lesesne, 172 AD2d 1070 , Iv denied 78 NY2d 1012 ). (Appeal from Judgment of Erie County Court, Rogowski, J. — Attempted Robbery, 1st Degree.) Present — Callahan, J. P., Green, Balio, Davis and Doerr, JJ.