Opinion
February 2, 1996
Appeal from the Niagara County Court, Morton, J.
Present — GREEN, J.P., LAWTON, FALLON, CALLAHAN and DOERR, JJ.
Judgment unanimously reversed, on the law, and indictment dismissed. Same opinion by FALLON, J., as in People v. Hatzman ( 218 A.D.2d 185 [decided herewith]).