
    The People of the State of New York, Respondent, v James McDonald, Appellant.
    (Appeal No.
   Judgment unanimously vacated. Same memorandum as in People v McDonald ([Appeal No. 2], 115 AD2d 223). (Appeal from judgment of Monroe County Court, Wisner, J.—attempted arson, third degree.) Present—Dillon, P. J., Callahan, Denman, Boomer and Pine, JJ.  