
    The People of the State of New York, Respondent, v. Albert E. Kelley, Jr., Appellant.
   Same decision as in People v. Cheeks (16 A D 2d 742). (Appeal from judgment of Erie County Court convicting defendant of assault, second degree and assault, third degree.) Present—Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.  