
    The People of the State of New York, Respondent, v James Emmick, Appellant.
   — Judgment unanimously affirmed (see, People v Pavao, 59 NY2d 282; People v Edwards, 80 AD2d 993). (Appeal from judgment of Supreme Court, Monroe County, Boomer, J. — burglary, third degree.) Present — Callahan, J. P., Denman, O’Donnell, Pine and Schnepp, JJ.  