Majority
p. 950The People of the State of New York, Respondent, v Leo Smothers, Also Known as Leo James, Appellant. [616 NYS2d 270]
Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, Iv denied 81 NY2d 1019 ). (Appeal from Judgment of Erie County Court, Drury, J.—Robbery, 1st Degree). Present—Pine, J. P., Law-ton, Wesley, Doerr and Boehm, JJ.