
    The People of the State of New York, Respondent, v Frank A. Nelson, Appellant.
    (Appeal No. 3.)
    [595 NYS2d 357]
   Judgment unanimously affirmed. Same Memorandum as in People v Nelson ([appeal No. 1] 191 AD2d 1038 [decided herewith]). (Appeal from Judgment of Erie County Court, McCarthy, J. — Attempted Criminal Possession Weapon, 1st Degree.) Present — Denman, P. J., Green, Balio, Fallon and Boehm, JJ.  