Majority
p. 929The People of the State of New York, Respondent, v Alphonso Di Tillio, Appellant. (Appeal No. 1.) [715 NYS2d 683]
—Appeal from judgment insofar as it imposed sentence unanimously dismissed (see, People v Haywood, 203 AD2d 966 , Iv denied 83 NY2d 967 ) and judgment affirmed. (Appeal from Judgment of Niagara County Court, Broderick, J. — Assault, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.