Majority
p. 980The People of the State of New York, Respondent, v Thomas A. Camillo, Appellant. [663 NYS2d 1019]
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for resentencing in accordance with the same Memorandum as in People v Nicholson ( 237 AD2d 973 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Tills, J.—Violation of Probation.) Present—Denman, P. J., Green, Balio, Boehm and Fallon, JJ.