Majority
p. 1058The People of the State of New York, Respondent, v James Staley, Appellant. (Appeal No. 2.)
Judgment affirmed. All concur, Cardamone, J., in part, insofar as he votes to modify the judgment to the extent that the sentence imposed be concurrent with the sentence imposed under Indictment No. 40,211 (People v Staley, 52 AD2d 1056 ). (Appeal from judgment of Supreme Court, Erie County, convicting defendant of unauthorized use of a motor vehicle.) Present—Moule, J. P., Cardamone, Simons and Mahoney, JJ.