People v. Murphy , 136 A.D.2d 970 ( 1988 )

Judgment unanimously affirmed. Same memorandum as in People v Murphy ([appeal No. 1], 136 AD2d 969 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Dadd, J. —grand larceny, second degree.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.