Judgment unanimously modified on the law and as modified affirmed in accordance with same Memorandum as in People v Alls (195 AD2d 952 [decided herewith]). (Appeal from Judgment of Erie County Court, Drury, J.—Attempted Murder, 2nd Degree.) Present—Denman, P. J., Balio, Lawton, Doerr and Boehm, JJ.