—Judgment unanimously affirmed (see, People v Allen, 82 NY2d 761, 763). (Appeal from Judgment of Supreme Court, Erie County, Buscaglia, J. — Assault, 1st Degree.) Present — Pigott, Jr., P. J., Pine, Wisner, Burns and Lawton, JJ.
The People of the State of New York, Respondent, v. Charles E. Austin, Appellant
286 A.D.2d 940730 N.Y.S.2d 757
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