Majority
p. 869The People of the State of New York, Respondent, v Evans Summers, Appellant. (Appeal No. 3.) [665 NYS2d 361]
Judgment unanimously affirmed. Same Memorandum as in People v Summers ([appeal No. 2] 242 AD2d 869 [decided herewith]). (Appeal from Judgment of Erie County Court, Rogowski, J.—Robbery, 1st Degree.) Present—Denman, P. J., Green, Law-ton, Wisner and Balio, JJ.