
    The People of the State of New York, Respondent, v. John G. Halko, Appellant.
   Judgment unanimously affirmed. Memorandum: The issue raised upon this appeal has been previously determined by this court in 37 A D 2d 916, which determination was based upon the decision in People v. Bell, (36 A D 2d 406, affd. 29 N Y 2d 882). (Appeal from judgment of Erie County Court convicting defendant of robbery, first degree.) Present — Goldman, P. J., Del Vecchio, Moule, Cardamone and Henry, JJ.  