
    The People of the State of New York, Appellant, v Alberto Guerrero, Respondent.
    Argued November 13, 1986;
    decided December 16, 1986
    
      APPEARANCES OF COUNSEL
    
      Elizabeth Holtzman, District Attorney (Andrew J. Frisch, Barbara D. Underwood and Lisa Margaret Smith of counsel), for appellant.
    
      Elaine D. McKnight for respondent.
   OPINION OF THE COURT

Order reversed, verdict reinstated and case remitted to Supreme Court, Kings County, for sentencing for reasons stated in the dissenting memorandum by then Justice Vito J. Titone at the Appellate Division (111 AD2d 350, 355-356; see also, People v Colon, 65 NY2d 888).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander and Hancock, Jr. Taking no part: Judge Titone.  