Opinion
July 13, 1979
Appeal from the Cayuga County Court.
Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Judgment reversed, on the law, and a new trial granted. Same memorandum as in People v. Thomas ( 71 A.D.2d 839). All concur, except Callahan, J., who dissents and votes to affirm the judgment.