
    The People of the State of New York, Respondent, v John C. Zeth, Sr., Appellant.
    (Appeal No. 2.)
   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.  