
    The People of the State of New York, Respondent, v Gerald Freeman, Appellant.
    (Appeal No. 2.)
   Judgment unanimously reversed on the law and defendant remanded to Monroe County Court for further proceedings on the indictment (see, People v Fuggazzatto, 62 NY2d 862, 863; People v Land, 131 AD2d 883, 884, Iv denied 70 NY2d 752). (Appeal from judgment of Monroe County Court, Connell, J. — burglary, first degree, and other charges.) Present — Dillon, P. J., Doerr, Green, Pine and Davis, JJ.  