Opinion
June 2, 1989
Appeal from the Monroe County Court, Connell, J.
Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.
Judgment unanimously reversed on the law and defendant remanded to Monroe County Court for further proceedings on the indictment (see, People v. Fuggazzatto, 62 N.Y.2d 862, 863; People v. Land, 131 A.D.2d 883, 884, lv denied 70 N.Y.2d 752).