Opinion
March 10, 1989
Appeal from the Chautauqua County Court, Adams, J.
Present — Doerr, J.P., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously reversed on the law and defendant remanded to Chautauqua County Court for further proceedings, in accordance with same memorandum as in People v. Zeth ([appeal No. 1] 148 A.D.2d 960 [decided herewith]).