People v. Andriacco

Judgment unanimously reversed on the law and facts and indictment dismissed in accordance with the Memorandum in People v. Andriacco decided herewith (29 A D 2d 733). (Appeal from judgment of Erie County Court convicting defendant of violation of section 974 of the Penal Law, a misdemeanor.) Present — ■ Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.