Majority
p. 838The People of the State of New York, Respondent, v Gerard J. Gerstner, Appellant. (Appeal No. 2.) [705 NYS2d 542]
—Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court for further proceedings on the indictment. Same Memorandum as in People v Gerstner ( 270 AD2d 837 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.