Same decision as in People v. Cheeks (16 A D 2d 742). *743(Appeal from judgment of Erie County Court convicting defendant of assault, second degree and assault, third degree.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.
Same decision as in People v. Cheeks (16 A D 2d 742). *743(Appeal from judgment of Erie County Court convicting defendant of assault, second degree and assault, third degree.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.