—Judgment unanimously affirmed. Same Memorandum as in People v Martinez (270 AD2d 891 [decided herewith]). (Appeal from Judgment of Erie County Court, DiTullio, J. — Robbery, 1st Degree.) Present — Pigott, Jr., P. J., Hayes, Hurlbutt, Scudder and Kehoe, JJ.
The People of the State of New York, Respondent, v. Jose A. Martinez, Appellant
270 A.D.2d 891706 N.Y.S.2d 650
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