
    The People of the State of New York, Respondent, v Dock Ballard, Appellant.
   Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with same Per Curiam opinion as in People v Mitchell (189 AD2d 337 [decided herewith]). Present— Callahan, J. P., Balio, Doerr, Boomer and Boehm, JJ.  