People v. Zeth , 148 A.D.2d 961 ( 1989 )

Judgment unanimously reversed on the law and defendant remanded to Chautauqua County Court for further proceedings, in accordance with same memorandum as in People v Zeth ([appeal No. 1] 148 AD2d 960 [decided herewith]). (Appeal from judgment of Chautauqua County Court, Adams, J. — burglary, third degree.) Present — Doerr, J. P., Denman, Pine, Balio and Lawton, JJ.