
    The People of the State of New York, Respondent, v Elbert Powell, Appellant.
    [825 NYS2d 177]
   Judgment, Supreme Court, Bronx County (John Byrne, J.), rendered on or about May 24, 2005, unanimously affirmed. No opinion. Order filed. Concur—Buckley, EJ., Saxe, Williams, Sweeny and Malone, JJ.  