Opinion
March 14, 1997.
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the same Memorandum as in People v Nicholson ( 237 AD2d 973 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Violation of Probation.)