
    The People of the State of New York, Respondent, v Tino Marcoccia, Appellant.
    (Appeal No. 2.)
   — Judgment unanimously affirmed. Same memorandum as in People v Marcoccia ([appeal No. 1], 135 AD2d 1121 [decided herewith]). (Appeal from judgment of Onondaga County Court, Cunningham, J.— criminal solicitation, fourth degree.) Present — Callahan, J. P., Denman, Pine, Balio and Lawton, JJ.  