
    The People of the State of New York, Respondent, v Jamy Abernathy, Appellant.
    [701 NYS2d 764]
   —Judgment unanimously affirmed (see, People v Hidalgo, 91 NY2d 733). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Assault, 1st Degree.) Present — Lawton, J. P., Hayes, Pigott, Jr., Hurlbutt and Balio, JJ.  