
    The People of the State of New York, Respondent, v Michael Kanaval, Appellant.
   Judgment unanimously affirmed. Same memorandum as in People v Sullivan (148 AD2d 995 [decided herewith]). (Appeal from judgment of Livingston County Court, Cicoria, J. — assault, first degree, and other charges.) Present — Dillon, P. J., Callahan, Doerr, Pine and Lawton, JJ.  