
    The People of the State of New York, Respondent, v Ralph Kessler, Appellant.
   Judgment unanimously reversed on the law and new trial granted. Same memorandum as in People v Kessler ([appeal No. 1] 167 AD2d 947 [decided herewith]). (Appeal from judgment of Oneida County Court, Darrigrand, J.—burglary, third degree.) Present—Doerr, J. P., Boomer, Pine, Lawton and Davis, JJ.  