Opinion
December 20, 1989
Appeal from the Supreme Court, Onondaga County, Gorman, J.
Present — Dillon, P.J., Green, Pine, Lawton and Davis, JJ.
Judgment unanimously reversed on the law, defendant's plea vacated and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: In view of our decision in People v Rice ( 156 A.D.2d 925 [decided herewith]), this judgment must also be reversed (see, People v Fuggazzatto, 62 N.Y.2d 862).