
    The People of the State of New York, Respondent, v Dominic J. Mufale, Appellant.
   — Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered January 20,1982, convicting defendant upon his plea of guilty of the crime of promoting gambling in the first degree. Judgment reversed, on the law and the facts, and indictment dismissed (see People v Germano, 91 AD2d 1137). Sweeney, J. P., Kane, Casey, Mikoll and Yesawich, Jr., JJ., concur.  