Appellate Division of the Supreme Court of the State of New York December 21, 2001, Appeal No. 3 (People v. Swontek)

Judgment unanimously affirmed. Same Memorandum as in People v Swontek ([appeal No. 1] 289 AD2d 989 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Criminal Possession *990Forged Instrument, 2nd Degree.) Present — Pigott, Jr., P. J., Hayes, Wisner, Scudder and Burns, JJ.