Appellate Division of the Supreme Court of the State of New York October 1, 2004 (People v. Smith)

*900Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), rendered May 13, 2003. The judgment convicted defendant, upon a jury verdict, of robbery in the first degree, menacing in the second degree and making a punishable false written statement.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.