Majority
p. 993The People of the State of New York, Appellant, v James McDaniel, Respondent.
— Order unanimously affirmed for reasons stated in decision at Supreme Court, Kasler, J. (Appeal from Order of Supreme Court, Erie County, Kasler, J. —Vacate Judgment.) Present — Denman, P. J., Callahan, Balio, Lawton and Davis, JJ.