Opinion
October 1, 1993
Appeal from the Erie County Court, Drury, J.
Present — Denman, P.J., Balio, Fallon, Doerr and Davis, JJ. (Filed Sept. 27, 1993.)
Judgment unanimously reversed on the law and indictment dismissed (see, People v Acevedo, 192 A.D.2d 1094, lv denied 81 N.Y.2d 1010).