Opinion
Decided February 24, 2004.
Judges Ciparick, Graffeo, Read and Robert Smith concur.
Judge George Smith dissents and votes to reverse and order a new trial in an opinion.
Judge Rosenblatt dissents and votes to reverse and order a new trial in a separate opinion.
Judgment modified by vacating defendant's sentence and remitting to County Court, Monroe County, for resentencing in accordance with the opinion herein and, as so modified, affirmed. Appeal from County Court order dated March 11, 1999 dismissed.