Opinion
April 15, 1994
Appeal from the Wayne County Court, Parenti, J.
Present — Green, J.P., Balio, Fallon, Callahan and Boehm, JJ.
Order unanimously modified on the law and as modified affirmed and matter remitted to Wayne County Court for further proceedings on the indictment. Same Memorandum as in People v Cadbury Beverages ( 203 A.D.2d 918 [decided herewith]).