
    The People of the State of New York, Respondent, v Anthony Gugino, Appellant.
    (Appeal No. 4.)
    [646 NYS2d 488]
   —Judgment unanimously affirmed. Same Memorandum as in People v Gugino ([appeal No. 1] 229 AD2d 968 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J.—Murder, 2nd Degree.) Present—Green, J. P., Lawton, Fallon, Doerr and Boehm, JJ.  