
    The People of the State of New York, Respondent, v. Alvin Waller, Appellant.
   Judgment unanimously affirmed. (See People v. Moyer, 27 N Y 2d 252; People v. Mussenden, 308 N. Y. 558.) (Appeal from judgment of Erie County Court convicting defendant of assault, third degree.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.  