
    The People of the State of New York, Respondent, v Roger Russin, Appellant.
    (Appeal No. 2.)
    [715 NYS2d 674]
   —Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the same Memorandum as in People vRussin (277 AD2d 880 [decidedherewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J. — Grand Larceny, 3rd Degree.) Present — Pigott, Jr., P. J., Green, Hayes, Kehoe and Lawton, JJ.  