Majority
p. 990The People of the State of New York, Respondent, v Brian Swontek, Also Known as Brian Swiatek, Appellant. (Appeal No. 4.) [734 NYS2d 919]
Judgment unanimously affirmed. Same Memorandum as in People v Swontek ([appeal No. 1] 289 AD2d 889 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Bail Jumping, 2nd Degree.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Burns, JJ.