Majority
p. 1073The People of the State of New York, Respondent, v Marcus Pierson, Appellant. (Appeal No. 2.) [601 NYS2d 898]
—Judgment unanimously affirmed. Same Memorandum as in People v Pierson (195 AD2d 1073 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Rossetti, J.—Unauthorized Use Motor Vehicle, 2nd Degree.) Present—Denman, P. J., Green, Balio, Fallon and Boehm, JJ.