Opinion
July 31, 1986
Appeal from the County Court of Chemung County (Danaher, Jr., J.).
Judgment affirmed (see, People v Motley, 119 A.D.2d 57). Mahoney, P.J., Main, Casey and Yesawich, Jr., JJ., concur.
Weiss, J., dissents and votes to reverse in a memorandum.
For the reasons stated in my dissenting opinion in People v Motley ( 119 A.D.2d 57), the judgment should be reversed and the indictment dismissed.