Opinion
June 2, 1989
Appeal from the Niagara County Court, Hannigan, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Davis, JJ.
Judgment unanimously modified on the law by vacating the conviction for petit larceny and the sentence imposed thereon for reasons stated in People v. McTyere ( 90 A.D.2d 987) and as modified affirmed.