Majority
p. 788The People of the State of New York, Respondent, v Tracy Walker, Appellant. [605 NYS2d 990]
—Judgment unanimously reversed on the law, motion granted and new trial granted. Same Memorandum as in People v Walker (198 AB2d 785 [decided herewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Burglary, 2nd Begree.) Present —Benman, P. J., Balio, Lawton, Boerr and Boehm, JJ.