
    The People of the State of New York, Respondent, v Raphel A. Hall, Appellant.
    [821 NYS2d 141]
   Appeal from a judgment of the Supreme Court, Erie County (John F. O’Donnell, J.), rendered August 18, 2005. The judgment convicted defendant, after a nonjury trial, of assault in the third degree and menacing in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Present — Pigott, Jr., PJ., Hurlbutt, Martoche and Green, JJ.  