People v. Nash , 732 N.Y.S.2d 202 ( 2001 )

—Judgment unanimously affirmed. Same Memorandum as in People v Nash (288 AD2d 937 [decided herewith]). (Appeal from Judgment of Erie County Court, DiTullio, J. — Attempted Assault, 2nd Degree.) Present — Pine, J. P., Hayes, Hurlbutt, Kehoe and Lawton, JJ.