
    The People of the State of New York, Respondent, v David Sitarski, Appellant.
    (Appeal No. 2.)
    [636 NYS2d 712]
   —Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for further proceedings in accordance with same Memorandum as in People v Sitarski (222 AD2d 1118 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Cosgrove, J.— Unauthorized Use Motor Vehicle, 2nd Degree.) Present — Den-man, P. J., Green, Wesley, Balio and Boehm, JJ.  