Majority
p. 856The People of the State of New York, Respondent, v Robert Green, Appellant. [632 NYS2d 352]
Judgment unanimously affirmed. Same Memorandum as in People v Pierce (219 AD2d 856 [decided herewith]). (Appeal from Judgment of Erie County Court, Rogowski, J. — Assault, 2nd Degree.) Present— Lawton, J. P., Fallon, Callahan, Davis and Boehm, JJ.