Majority
p. 1039The People of the State of New York, Respondent, v Donny Kirkland, Appellant. (Appeal No. 2.) [595 NYS2d 704]
Judgment unanimously affirmed (see, People v Saunders [appeal No. 1], 190 AD2d 1092 ). Same Memorandum as in People v Kirkland ([appeal No. 1] 191 AD2d 1039 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Kubiniec, J. — Attempted Robbery, 2nd Degree.) Present— Denman, P. J., Green, Balio, Fallon and Boehm, JJ.