— Judgment unanimously affirmed. Same Memorandum as in People v Cox ([appeal No. 1] 176 AD2d 1226 [decided herewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Assault, *12272nd Degree.) Present — Doerr, J. P., Boomer, Pine, Balio and Lawton, JJ.