
    The People of the State of New York, Respondent, v Daniel Panero, Jr., Appellant.
   Judgment unanimously reversed on the law, plea vacated, motion granted and matter remitted to Niagara County Court for further proceedings on the indictment in accordance with same Opinion by Doerr, J. P., as in People v Candella (171 AD2d 329). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Criminal Sale Controlled Substance, 5th Degree.) Present—Boomer, J. P., Pine, Boehm, Fallon and Davis, JJ.  