
    The People of the State of New York, Respondent, v John C. Zeth, Sr., Appellant.
    (Appeal No. 4.) —
   Judgment unanimously reversed reversed on the law and defendant remanded to Chautauqua County for further proceedings, in accordance with same memorandum as in People v Zeth ([appeal No. 1] 148 AD2d 960 [decided herewith]). (Appeal from judgment of Chautauqua County Court, Adams, J. — assault, second degree; arson, third degree.) Present — Doerr, J. P., Denman, Pine, Balio and Lawton, JJ.  