Opinion
December 22, 1995
Appeal from the Supreme Court, Erie County, Cosgrove, J.
Present — Denman, P.J., Green, Wesley, Balio and Boehm, JJ.
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for further proceedings in accordance with same Memorandum as in People v Sitarski ( 222 A.D.2d 1118 [decided herewith]).