Majority
p. 881The People of the State of New York, Respondent, v Roger Russin, Appellant. (Appeal No. 2.) [715 NYS2d 674]
—Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the same Memorandum as in People vRussin ( 277 AD2d 880 [decidedherewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Grand Larceny, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Hayes, Kehoe and Lawton, JJ.