People v. Driscoll , 87 A.D.2d 998 ( 1982 )

Judgment unanimously reversed and matter remitted to Supreme Court, Erie County, for further proceedings on the information. Same memorandum as in People v Driscoll (Appeal No. 1) (87 AD2d 996). (Appeal from judgment of Supreme Court, Erie County, Easier, J. — burglary, third degree.) Present — Dillon, P. J., Simons, Hancock, Jr., Callahan and Doerr, JJ.