Opinion
November 15, 1991
Appeal from the Niagara County Court, Hannigan, J.
Present — Doerr, J.P., Denman, Boomer, Green and Davis, JJ.
Judgment unanimously reversed on the law, motion granted and matter remitted to Niagara County Court for further proceedings on the indictment, in accordance with the same Opinion by Doerr, J.P., as in People v. Candella ( 171 A.D.2d 329 [decided herewith]).