
    The People of the State of New York, Respondent, v Timothy Ellison, Appellant.
   Judgment unanimously modified on the law by vacating the conviction for petit larceny and the sentence imposed thereon for reasons stated in People v McTyere (90 AD2d 987) and as modified affirmed. (Appeal from judgment of Niagara County Court, Hannigan, J. — robbery, second degree; petit larceny.) Present — Callahan, J. P., Doerr, Boomer, Green and Davis, JJ.  