Opinion
December 29, 1993
Appeal from the Onondaga County Court, Cunningham, J.
Present — Denman, P.J., Callahan, Pine, Doerr and Boehm, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for further proceedings in accordance with same Memorandum as in People v Kilgore ( 199 A.D.2d 1008 [decided herewith]).