Judgment unanimously affirmed. Same Memorandum as in People v Marks ([appeal No. 1] 172 AD2d 1069 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J.—Attempted Criminal Possession Stolen Property, 3rd Degree.) Present— Doerr, J. P., Boomer, Green, Pine and Davis, JJ.