
    The People of the State of New York, Respondent, v. John Battaglia, Appellant.
   Judgment of conviction unanimously affirmed. (Appeal from judgment of Erie County Court convicting defendant of the crimes of burglary, .third degree, attempted grand larceny, first degree, and violation of section 408 of the Penal Law, a felony.) Present ■—Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.  