
    The People of the State of New York, Respondent, v Gerard J. Gerstner, Appellant.
    (Appeal No. 2.)
    [705 NYS2d 542]
   —Judgment unanimously reversed on the law, plea vacated and matter remitted to Supreme Court for further proceedings on the indictment. Same Memorandum as in People v Gerstner (270 AD2d 837 [decided herewith]). (Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Felony Driving While Intoxicated.) Present — Green, J. P., Hayes, Hurlbutt and Lawton, JJ.  