
    The People of the State of New York, Respondent, v. Anthony Frankewich, Appellant.
   Judgment unanimously modified on the law and facts and in the exercise of discretion, in accordance with same memorandum as in People v. Frankewich (33 A D 2d 982). (Appeal from judgment of Herkimer County Court convicting defendant of grand larceny.) Present — Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.  