Majority
p. 1115The People of the State of New York, Respondent, v Ricky Butler, Also Known as Richard Butler, Appellant. (Appeal No. 2.) [636 NYS2d 536]
—Judgment unanimously affirmed (see, People v Saunders, 190 AD2d 1092 , 1093, Iv denied 81 NY2d 1019 ). (Appeal from Judgment of Erie County Court, D’Amico, J. — Attempted Grand Larceny, 4th Degree.) Present — Green, J. P., Pine, Fallon, Callahan and Davis, JJ.