
    The People of the State of New York, Respondent, v Floyd Smart, Appellant.
    (Appeal No. 1.)
    [638 NYS2d 569]
   —Judgment unanimously affirmed (see, People v Jimenez, 224 AD2d 1002 [decided herewith]). (Appeal from Judgment of Monroe County Court, Egan, J. — Unauthorized Use Motor Vehicle, 3rd Degree.) Present — Lawton, J. P., Fallon, Callahan, Balio and Boehm, JJ.  