
    The People of the State of New York, Respondent, v Theodore C. Tyler, Appellant.
    (Appeal No. 1.)
    [676 NYS2d 391]
   —Judgment unanimously affirmed (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Cayuga County Court, Corning, J. — Assault, 3rd Degree.) Present — Lawton, J. P., Wisner, Callahan, Boehm and Fallon, JJ.  