Opinion
Argued November 17, 1986
Decided December 16, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Joseph Harris, J.
Fernande Rossetti for appellant.
Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for respondent.
Order reversed and a new trial ordered for the reasons stated in the dissenting memorandum by Justice Howard A. Levine at the Appellate Division ( 118 A.D.2d 960, 963-965).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.