
    The People of the State of New York, Respondent, v Jonathan Smith, Appellant.
   Judgment unanimously reversed, on the law, and as a matter of discretion in the interest of justice, and new trial granted. Same Per Curiam opinion as in People v Towndrow (187 AD2d 194 [decided herewith]). Present—Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.  