Majority
p. 999The People of the State of New York, Respondent, v Floyd Smart, Appellant. (Appeal No. 1.) [638 NYS2d 569]
—Judgment unanimously affirmed (see, People v Jimenez, 224 AD2d 1002 [decided herewith]). (Appeal from Judgment of Monroe County Court, Egan, J. — Unauthorized Use Motor Vehicle, 3rd Degree.) Present — Lawton, J. P., Fallon, Callahan, Balio and Boehm, JJ.