
    The People of the State of New York, Respondent, v Phillip Smith, Also Known as Philip Smith, Appellant.
    [816 [816 NYS2d 397]
   Judgment Supreme Court, New York County (Charles H. Solomon, J.), rendered December 7, 2004, unanimously affirmed. No opinion. Order filed. Concur—Buckley, EJ., Tom, Friedman, Nardelli and McGuire, JJ.  