
    The People of the State of New York, Respondent, v Dale Albert Bates, Appellant.
   Order unanimously reversed on the law and matter remitted to Orleans County Court for further proceedings, in accordance with same memorandum as in People v Bates (144 AD2d 970 [decided herewith]). (Appeal from order of Orleans County Court, Miles, J. — vacate judgment.) Present — Doerr, J. P., Denman, Green, Pine and Law-ton, JJ.  