People v. Austin , 624 N.Y.S.2d 995 ( 1995 )

—Judgment unanimously affirmed. Same Memorandum as in People v Austin (212 AD2d 1061 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Wolfgang, J.—Petit Larceny.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.