Majority
p. 1097The People of the State of New York, Respondent, v Timothy O’Brien, Appellant. (Appeal No. 2.)
— Judgment unanimously reversed on the law and information dismissed. Same Memorandum as in People v O’Brien (190 AD2d 1097 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Violation of Probation.) Present— Green, J. P., Pine, Lawton, Fallon and Davis, JJ.