
    The People of the State of New York, Respondent, v John Freeman, Appellant.
   Judgment unanimously modified, on the law, and, as modified, affirmed in accordance with the same memorandum as in People v Thomas (66 AD2d 1001). (Appeal from judgment of Monroe County Court— assault, second degree, and other charges). Present—Marsh, P. J., Moule, Dillon, Schnepp and Witmer, JJ.  