
    The People of the State of New York, Respondent, v Herman Johnson, Appellant.
    [768 NYS2d 828]
   Appeal by the defendant from a judgment of the County Court, Orange County, (DeRosa, J.), rendered May 7, 2001.

Ordered that the judgment is affirmed (see People v Pellegrino, 60 NY2d 636 [1983]). Altman, J.P., S. Miller, McGinity, Adams and Mastro, JJ., concur.  